SOURCE: A Just Cause

A Just Cause

November 23, 2015 05:00 ET

As ISIS Threatens the Homeland, Targeting Washington D.C. and New York City, Our Children Stand at Risk as the IRP6 and Their CILC(C) Software to Stop an ISIS or Other Terrorists Attacks Go Ignored, Says Advocacy Group, A Just Cause

A Just Cause Weighs the Global Impact of Combatting Terrorism at Home and Abroad While Reviewing the Many Inequities, Judicial Corruption and Prosecutorial Misconduct in the IRP6 Case

DENVER, CO--(Marketwired - November 23, 2015) - Amidst the recent acts of appalling and gruesome terrorism in France and Mali, A Just Cause (AJC) is insisting on immediate action from government officials to ensure the US homeland remains safe. A Just Cause is bringing awareness to the injustice against six men, known as the IRP6, whose Case Investigative Life Cycle (CILC©) software could be a lynchpin in tracking terrorists, terror cells, and linking global intelligence from multiple agencies in a common software platform.

"Without a doubt, this is an urgent matter of national security. Our nation, the United States of America, needs to act fast. Though our top officials say there is not credible threat of terrorism on U.S. soil, the past has told us, it is only a matter of time. The 9/11 Commission Report --10 years later, acknowledges the same gaping holes in security exist today in our post-9/11 world. We need to act to protect our nation and we need to right the many wrongs that occurred in the IRP6 case and put their CILC© software to use immediately around the globe to aid in this fight," says Lamont Banks, Executive Director of A Just Cause.

"There are some very serious questions that face our nation: Was locking up six innocent executives that had a dream of keeping America safe worth putting our whole nation at risk? Why did Judge Christine Arguello, the trial judge in the IRP6 case, excuse expert witnesses and their critical testimony? Why did Judge Arguello compel one of the IRP6 defendants to testify against his will and 5th Amendment right? Why is the transcript to substantiate whether this very prejudicial 5th Amendment violation which occurred missing and never made available as public record? Why was Speedy Trial Act violated by more than 180 days? Why did the 10th Circuit Court of Appeals uphold such blatant violations of the constitution of the lower court?" states Cliff Stewart, an executive of A Just Cause. "What happened to the IRP6 is truly a gross miscarriage of justice. But, even greater still is the impact to our nation and countries around the globe who are struggling to find answers and make critical intelligence links to identify terrorists and their plots. All the while, the CILC© software, created by the IRP6, sits on the shelf and the men languish in prison wrongfully," concludes Stewart.

A Just Cause executives discuss many inequities and among them, a media blackout in the case. "We have been unsuccessful at getting mainstream media to cover or bring any attention to this case," says Banks. "The local media was shut down and refused to report on the IRP6 story. A reporter at the Denver Post attempted to write about the case, but her editor censored it and took the meat out of the story. It was never published. Mark Greenblatt, formerly with ABC News, was fired suddenly while working on the IRP6 story. He was never given a reason for being let go. I talked to him when he returned from his honeymoon and he was traveling from Washington, D.C. to Colorado to investigate the story," recalls Banks. "It has been really drastic for one freelance reporter, named CJ, who was told he should not touch the [IRP6] story under any circumstances. It seems this viewpoint is shared across media outlets, which is why A Just Cause continues to publish the facts about the IRP6 case on its radio program and bring awareness to the many injustices the IRP6 have faced," concludes Banks.

"Even before the IRP6 case went to trial, Assistant US Attorney Matthew Kirsch and US Attorney John Walsh fought every amount of evidence that would lead to acquittal of IRP6. The government even disrupted potential sales opportunities by telling prospective CILC© buyers that an indictment was coming," recounts Stewart.

"Why would Judge Arguello not allow intent to be considered by the jury? Even after the defense offered to define the meaning of intent to the jury, why did Judge Arguello deny such a reasonable request to show the mindset of the IRP6 while they were conducting business? Congressman Sensenbrenner, who once led the over criminalization task force, was clear on the importance of presenting intent in criminal cases. Now, Judiciary House Chairman, Congressman Bob Goodlatte, and Ranking Member of the Judiciary, Congressman John Conyers, are working on pending legislation that will hold judges accountable in proceedings. The legislation also ensures that prosecutors are held to a higher standard, to show intent, before ever going to trial. The IRP6 are a poster child case that shows how ignoring intent can lead to a wrongful conviction and a clear miscarriage of justice!" exclaims Banks.

At trial, Assistant US Attorney Matthew Kirsch fought to keep the fact that there were pending contracts to be signed with Philadelphia Inspector General Office and ongoing negotiations with NYPD out of the case, so the jury never knew the extent of sales opportunities. "Though Aileen Bergman from [a] staffing company called NYPD to advise on suspected corruption on the part of the IRP6, the NYPD found no evidence to support her claims after thorough internal investigation concluded at the NYPD," states Banks.

Jurors were also threatened by Judge Arguello during the trial that if anybody caused a mistrial, he or she could be financially responsible for the cost of the trial. "She advised the jury not to cause a mistrial in this case. She later advised them not to speak to anyone following the case," recounts Stewart.

"Why were jurors told not to talk to the defense team after trial was over? The jury was told to not speak to anyone and when they were contacted, they were fearful based on what Judge Arguello had told them. Also, behind closed doors she also told the jury they could not speak to the media after the trial was over. The jury was also told that if the defense contacted them after the trial was over, they were to call US Attorney's Office, and they [USA John Walsh and AUSA Matthew Kirsh] would put a stop to anyone contacting them with respect to the case," says Banks. "After a trial has concluded, we often see jurors sitting for televised interviews and speaking about their experiences since they are no longer bound to court rules and secrecy. The jury in the IRP6 case was scared to discuss anything pertaining to the case, which leads to many questions," concludes Stewart.

The Honorable H. Lee Sarokin, a retired Federal Appellate judge, took a look into the IRP6 case. He wanted an unbiased view and warned that if anything A Just Cause representatives had relayed to him seemed untrue, he would not go further to investigate. But upon looking into case, his conclusion was that a huge miscarriage of justice took place in the IRP6 case. Judge Sarokin weighed in on the IRP6 case using his blog on the Huffington Post, authoring a five-part article series, entitled 'The Case of the Missing Transcript'. He also went so far as to author a play called, 'The Race Card Face Up' which debuted in Solana Beach, California at the North Coast Repertory Theatre on November 2, 2015. Judge Sarokin concludes his five-part article series with "The Court of Appeals has affirmed their convictions, but I still cannot shake my belief that an injustice has occurred in respect to their guilt," says Sarokin.

"A Just Cause concurs that the executives of IRP Solutions have suffered a grave injustice. The media silence in this case has been deafening. But the fact remains, that the IRP6 still have a product that can help this nation and the world in the fight against terrorism," exclaims Banks.

The CILC© software was highly coveted and the executive team of IRP Solutions traveled for demos, began customization for DHS, New York Police Department (NYPD) and Philadelphia Police Department (PPD). IRP Solutions provided a $100M quote for a single module to DHS in support of the Consolidated Enforcement Environment Initiative. They enlisted the help of former law enforcement personnel to tailor the product to their intended customers. In an independent review of the software by Don Vilfer of Califorensics, who has over twenty years of experience as an FBI analyst, he reported, "The software (CILC©) contained many notable features, making it a functional product for the intended consumer…The functionality that we observed in our review of the CILC© software would undoubtedly be of interest to many law enforcement agencies." However, none of this was presented to the jury due to the government's opposition to the evidence and Judge Arguello agreeing to exclude it from the jury.

In a principal brief, Assistant U.S Attorney Matthew Kirsch openly states that, "The Government never denied that the software product was viable and requested that this critical point be omitted from the jury. Appellants and Banks had a legitimate business with a viable product." (Doc. 617, pp. 1889:19; Vol. II, pp. 2839-2842, Excerpt from the principal brief on page 7, Document: 01018936683 filed with the court). However, Kirsch repeatedly objected to the IRP6, elaborating on the software developed by IRP Solutions, and asked not to share this information with the jury according to court records.

"This just opens up so many questions. Why did the warrant, signed off by the court, note IRP Solutions as a 'purported software company'? Why did Kirsch fight so hard to ensure few positive things about the business and the software were presented to the jury? If the government truly believed the IRP6 had a legitimate business with a viable product, why were charges of fraud brought against them? How do you have a scam if you have a product? This wasn't a hoax or vaporware, as Califorensics verified in their independent investigation," exclaims Stewart. "There was certainly more at play in this case, and the government worked tirelessly to ensure nothing positive or in favor of the IRP6 made it to the jury, so that a win could be secured. It is truly a travesty of justice, but it is costing our nation and the world a tremendous price in the fight against terrorism," concludes Stewart.

"The American people are living in fear with a sense of paranoia, and rightfully so. The government of the United States still doesn't have concrete answers or a means to gather and link intelligence from multiple government organization. It is high time to address these long-standing weaknesses in our national security before it is too late and another terror strike reaches U.S. soil," resolves Banks.

The IRP6 are six executives that worked at IRP Solutions Corporation, which was raided by the FBI in February 2005. After the raid, false charges of mail and wire fraud were brought against the six executives -- David A. Banks, Kendrick Barnes, Demetrius K. Harper, Clinton A. Stewart, Gary L. Walker, and David A. Zirpolo -- who were all tried and wrongly convicted in 2011 for failure to pay debts to staffing companies related to completing software development work for sales to law enforcement agencies, specifically the Department of Homeland Security and the New York City Police Department (D. Ct. No. 1:09-CR-00266-CMA).

For more information about the story of the IRP6 or for copies of the legal filings go to http://www.freetheirp6.org.

Related press releases: http://www.a-justcause.com/2015-press-releases/cl69

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