Free Motion for Reconsideration - District Court of California - California

Case 4:08-cr-00064-CW

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division BRYAN R. WHITTAKER (TX 24047097) Special Assistant United States Attorney 1301 Clay Street, Suite 340S Oakland, California 94612 Telephone: (510) 637-3680 Facsimile: (510) 637-3724 E-Mail: [email protected] Attorneys for the United States UNITED STATES DISTRICT COURT

11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 UNITED STATES OF AMERICA, 14 Plaintiff, 15 v. 16 CHAD A. HOLSTE, 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28 The United States files this Emergency Motion to Stay the Release Order issued by Magistrate Judge Wayne D. Brazil. Judge Brazil is currently unavailable until Monday, January 28, 2008. The United States thereby requests the stay pending reconsideration and further review so the Court may consider additional evidence which was not known by counsel or the Court at the time of the original hearing. The additional evidence demonstrates that the defendant is a danger to the community and that he should not be released from custody. Staying the order one business day will allow the United States to seek reconsideration by Judge Brazil of the release order in the context of the additional evidence. On January 16, 2008, Special Agents from Immigrations and Customs Enforcement,
United States v. Holste CR 04-08-70022 WDB

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No. CR 04-08-70022 WDB

EMERGENCY MOTION AND [PROPOSED] ORDER TO STAY RELEASE ORDER PENDING RECONSIDERATION AND FURTHER REVIEW

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along with the Fremont Police Department, executed a federal search warrant of the defendant Chad A. Holste's residence/dormitory located on the DeVry University campus in Fremont, California . The defendant is a nineteen-year-old male with no criminal history. When Special Agents performed a forensic preview/search of the defendant's desktop computer, they found numerous images of child pornography. These images included small children and toddlers engaged in sexually explicit conduct as defined in 18 U.S.C. § 2256. Special Agents also found several firearms in the defendant's truck. The defendant was arrested on the same date. On the following morning of January 17, 2008, the defendant appeared before Judge Brazil and was arraigned on a Criminal Complaint charging violations of Title 18, United States Code §§ 2252(a)(1) and (a)(4)(B). Based upon the Government's motion, and pursuant to the presumption under 18 U.S.C. § 3142(f) that the defendant was a danger to the community, Judge Brazil ordered the defendant detained for three days. Judge Brazil then set the matter on Magistrate Laporte's calendar for Wednesday, January 23, 2008, for submission of a financial affidavit and a detention hearing. Over the next several days, undersigned counsel for the United States and counsel for the defendant, Jerome Matthews, discussed possible release conditions which would reasonably assure the appearance of the defendant and would reasonably account for the safety of the community. The parties were able to reach an agreement and Mr. Matthews re-scheduled the detention hearing for January 22, 2008, at 10:00 a.m. before Judge Brazil. At the detention hearing, the parties conveyed to the Court the agreement and the conditions for the defendant's release. The terms of the agreement included, inter alia, that: 1) the defendant would reside with his parents in Redding, California; 2) the defendant be subject to electronic monitoring; 3) the defendant's parents would secure a $250,000 bond with the title to their home in Redding, California; 4) the defendant's father would act as a custodian; 5) the defendant was to have no access to dangerous weapons including firearms or knifes; and 6) the defendant would have no access to a computer. Given the agreed upon conditions, Judge Brazil ordered that the defendant be released from custody as soon as Mr. Matthews had completed transfer of the title of the parents home to the Clerk of the Court. Additionally, Mr. Matthews
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was also required to provide adequate documentation showing sufficient equity in the property. Mr. Matthews promptly completed the process on the morning of January 24, 2008. Upon receipt and review of the documentation, the United States notified Judge Brazil's Court Clerk that the conditions for release had been satisfied. Pursuant to the terms of the bond, the defendant was then scheduled to be released from the U.S. Marshall's custody on the morning of Friday, January, 25, 2008. Also on the morning of January 24, 2008, ICE Special Agent Dana Unger delivered the discovery in the case to undersigned counsel. Whereas, after completing review of the real estate transaction documents and speaking with Judge Brazil's Court Clerk, counsel began to review the discovery. Approximately one to two hours into the review of the discovery, counsel for the United States found disturbing information related to the defendant's character, potential propensity for violence, and danger to the community. As this information was not previously known to counsel, nor was it presented to the Court at the original detention hearing, the United States respectfully requests that the release order be stayed pending further review by Judge Brazil. This new information demonstrates that there are no restrictions that can be placed upon the defendant which will reasonably assure the safety of the community. The troubling information comes from the defendant's personal website located on MySpace.com. On this personal website, the defendant expresses his views and thoughts. In one place he states: Gunfire speaks the loudest. There comes a time when the tyranny of government becomes intolerable to the common man. It grinds at his spirit every day with it's rules and regulations. It chaffes at his freedom with it's conventions. In the past, this was the time when men took up sword and spear and struck down their oppressors. Today, the sword is the pistol, and the spear is the rifle. A single shot can change the world. Would you pull the trigger?

26 Ex. 1. This statement express a desire to cause harm and danger to the community and its 27 government. Likewise, this statement was made very recently as shown by the posting date of 28
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November 15, 2007. The defendant's friend "Monkey" responds to the defendant's question about pulling the trigger by suggesting that he would in fact commit mass murder: ....I think if you fire upon a man then you better be willing to kill all that are related to him...if not then you might have to worry about the son or people like him..... Id. Similarly, the second response to the defendant's same question by his friend "aaron" is equally disturbing and also suggests the killing of multiple people: not only would i pull the trigger, i would empty the entire damn clip into him/her to make sure the job was done, then i would watch and see who steps up to take his place and see if he needs to be marked as a target Id. Furthermore, on the defendant's home page, near the top next to his picture, the first information to which the defendant directs the reader, suggests some kind of mass murder and/or death: "And we went amongst them, and in the morning not one of them lived. Young and old, man and woman, we doomed them all" Ex. 2. Additionally on his home page, the defendant describes the type of people he would like to meet on his social networking website by stating: Seriously though, I'm looking for decent (in)human beings to join my army of darkness.... Id. In another place, the defendant describes "The Legitimacy of Hate" by claiming: Often I hear people decrying hate as a terrible thing. However, they completely miss how powerful of an emotion hate can be, how much of a driving force it can be. I asked a soldier who fought in the pacific what he felt when he was fighting, and he said hate, hate for the Japanese. I asked a soldier who fought in France the same thing, and he gave me the same answer; hate for the Germans. It's what made them fight to the death instead of giving up, it's what made them such terrible foes. Even now, when we have no great centralized enemy to point at and say "I hate that", hate can still be a mighty tool. Hatred can make a man powerful, it can make him dangerous. Don't be afraid to hate, use it, don't fear it. Ex. 3, at June 29, 2007. These insights into the defendant's mind were not previously known to counsel or the
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Court at the detention hearing. Such evidence is deeply concerning and demonstrates mental instability, hatred and anger, an apparent disregard for human life, and a clear danger to the community. The result of anyone taking any action upon the defendant's thoughts or statements would result in the serious injury or death of others. These expressions should not be ignored and should be considered by the Court. Moreover, at the previous detention hearing the defendant represented that the guns found in his truck were solely for target shooting in Redding, California. However, it becomes clear from the additional evidence that target shooting may not be the defendant's only motive. Taking the firearms together with the defendant's statements shows a danger and propensity for violent behavior. Additionally, the mere act of posting inflammatory comments about hatred and killing others shows a willingness by the defendant to encourage others to engage in violent and dangerous behavior. In sum, the evidence demonstrates a complete disregard for safety of others. Given the defendant's state of mind, it is clear that even his parents would have little control over the defendant if he were released. Indeed, because of the change in circumstance and the additional evidence, the United States respectfully request that the Court grant a stay of the release order pending reconsideration and further review. In the alternative to granting the stay of the release order, the United States is willing and available to appear before duty Magistrate Judge Bernard Zimmerman on Friday, January 25, 2008, for a further review of these detention issues.

JOSEPH P. RUSSONIELLO United States Attorney

/S/ 24 25 26 27 28
United States v. Holste CR 04-08-70022 WDB

Dated: January 24, 2008 BRYAN R. WHITTAKER Special Assistant United States Attorney

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 UNITED STATES OF AMERICA, 5 Plaintiff, 6 v. 7 CHAD A. HOLSTE, 8 Defendant. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
United States v. Holste CR 04-08-70022 WDB

) ) ) ) ) ) ) ) ) ) )

No. CR 04-08-70022 WDB

[PROPOSED] ORDER GRANTING MOTION TO STAY RELEASE ORDER PENDING RECONSIDERATION AND FURTHER REVIEW

Upon motion of the United States of America, and good cause appearing therefore, IT IS HEREBY ORDERED that the United States' request to Stay the Release Order Pending Reconsideration and Further Review before the Honorable Wayne D. Brazil, United States Magistrate Judge on Monday, January 28, 2008, at 10:00 a.m., is GRANTED, and the defendant shall remain detained and in the custody of the United States Marshall until such date or as otherwise ordered by this Court.

Dated: January ___, 2008 HONORABLE BERNARD ZIMMERMAN United States Magistrate Judge

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EXHIBIT 1

Myspace.com Blogs - In a world of Voices... - Chad MySpace Blog

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< Back Chad Thursday, November 15, 2007 In a world of Voices... quixotic Current mood: Gunfire speaks the loudest.
Last Updated: Dec 29, 2007

MySpace.com | rss | sign in | sign out

There comes a time when the tyranny of government becomes intolerable to the common man. It grinds at his spirit every day with it's rules and regulations. It chaffes at his freedom with it's conventions. In the past, this was the time when men took up sword and spear and struck down their oppressors. Today, the sword is the pistol, and the spear is the rifle. A single shot can change the world. Would you pull the trigger? Currently listening : Warriors of the World By Manowar Release date: By 02 May, 2005

Send Message Instant Message Email to a Friend Subscribe
Gender: Male Status: Single Age: 19 Sign: Pisces City: Fremont State: CALIFORNIA Country: US Signup Date: 07/01/05

2:24 PM - 2 Comments - 1 Kudos - Add Comment

Monkey
Who Gives Kudos:

Monkey (1)

....I think if you fire upon a man then you better be willing to kill all that are related to him...if not then you might have to worry about the son or people like him..... Posted by Monkey on Friday, November 16, 2007 at 2:48 PM [Reply to this]

aaron

not only would i pull the trigger, i would empty the entire damn clip into him/her to make sure the job was done, then i would watch and see who steps up to take his place and see if he needs to be marked as a target Posted by aaron on Tuesday, November 27, 2007 at 11:08 PM [Reply to this]

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http://blog.myspace.com/index.cfm?fuseaction=blog.view...42&Mytoken=A15F7772-56FC-4E17-BA323997E29B4B1F744029211/24/2008 8:03:44 PM

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EXHIBIT 2

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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Filed 01/24/2008

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Chad
""And we went amongst them, and in the morning not one of them lived. Young and old, man and woman, we doomed them all"" Male 19 years old Fremont, CALIFORNIA United States

Chad you looking at me?

Chad's Latest Blog Entry [Subscribe to this Blog] In a world of Voices... (view more)

Last Login: 1/15/2008 Mood: cynical View My: Pics | Videos

assigning a meaning (view more) Just a thought (view more) The Great Rebirth, part one (view more) How I Judge you (view more) [View All Blog Entries]

Contacting Chad

Chad's Blurbs About me:
MySpace URL: http://www.myspace.com/chad_holste Hello, you either have JavaScript turned off or an old version of Macromedia's Flash Player. Click here to get the latest flash player. You know when you lean back in a chair so it's only on two legs, then almost fall but catch yourself just in time? I feel like that all the time. You might think I'm some kind of big, angry bear from looking at me, but I'm mostly roar and very little mauling, except for traveling salesmen, or salesmen who don't travel, but instead are using the dorm as a place of business, even though it is a violation of their lease I've been wandering this little sphere we call the earth for a while now, and I have to say I'm not impressed. I'm gonna see what I can do about it, and you should help me.

Chad's Interests

http://www.myspace.com/chad_holste (1 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

General

building models, painting, cooking, barbecuing, macro photography, jewelry-making, electronics, massage, case modding, amateur gun smithing, engineering, air smithing, Mettalica, Led Zeppelin, Black Sabbath, Drowning Pool, Dave Mathews Band, Ramstein, Deep Purple, Iced Earth, Demons and Wizards, Blue Oyster Cult.

Case 4:08-cr-00064-CW

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Filed 01/24/2008

PageMy of 16 is Knight (Know Loyalty and 3 sphere
Respect), and my class is Arms Master (Pragmatic and Stout).

I am an Advisor.
Your great sense of ethics and honor, as well as your practical knowledge of the world, makes you an excellent advisor and confidant to the people who are respectful of your ways, and to whom you will show respect in return. Liu Bei, the well-meaning King of the ancient Shu kingdom in China, was not famous for his own accomplishments, but for the excellent quality of his generals, and the brilliance of his advisor of special repute, Zhuge Liang. What kind of Warrior are you?

Music

Movies

Pulp Fiction, Doctor Strangelove, The Transporter, James Bond movies, the new Batman, Marvel movies, comedies Mythbusters, Scrubs, Modern Marvels, How It's Made, Dirty Jobs, ANIME!!!, stand-up comedy Ghosts of Onyx, Illusions, the Myth series you know, I never really watched it Fremont, Warhammer Radio, DeVry (Fremont), DeVry University, Taylor Hall, The First & Best Something Positive Group View All Chad's Groups

Television

Books Heroes Groups:

Who I'd like to meet:
YOU! yes, you could win an all expense paid dinner for several with Chad Holste at the Taylor Hall cafeteria, all you need is a valid DeVry student ID and current residency in Taylor Hall!!! Seriously though, I'm looking for decent (in)human beings to join my army of darkness....

Chad's Friend Space
Chad has

48 friends.
aaron Ever the Fool..... Cesiakaze

Chad's Details
Status: Here for: Orientation: Hometown: Body type: Ethnicity: Religion: Zodiac Sign: Smoke / Drink: Children: Single Networking, Dating, Serious Relationships, Friends Bi Redding 5' 8" / Some extra baggage White / Caucasian Atheist Pisces No / Yes I don't want kids

Aussie

http://www.myspace.com/chad_holste (2 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

Education: Occupation: Income:

In college Student

Case 4:08-cr-00064-CW

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Alex

Filed 01/24/2008

Rawr! I attack you with a candy cane dildo!

Page 4 of 16

Dante

Terry

Less than $30,000

Chad's Schools
Devry University Fremont, CA Graduated: N/A Degree: Bachelor's Degree Major: Electronics Engineering Minor: N/A Current Courses: Engineering 100, Mathematics 190, English 112, Psychology 110, Education 148 Foothill High Palo Cedro,California Graduated: N/A Student status: Alumni Degree: High School Diploma 2002 to 2006 2006 to Present

View Chad's Friends: All | Online | New

Chad's Friends Comments
Displaying

50 of 73 comments ( View All | Add Comment ) Nov 21 2007 6:13 PM
haha yeah that pic has three of my sons, that was during my prom for senior year and they just happened to be near the place we had it.

Cesiakaze

Chad's Networking
Technology - IT - Tech Support

Technology - Business - Sales Mai Shoua Gaming - Testing - Testing I've been a gamer for many years, and I know what I like in a game system.

Nov 14 2007 8:22 AM
hahaha.. no.. just a wanting to know friend.. hahaha but how are things?

Chad's Companies
Barnes Technology Redding, California US Technician IT Dwight Holste Construction Redding, California US Laborer All non-skilled work early 2005

summers in high school

http://www.myspace.com/chad_holste (3 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

Case 4:08-cr-00064-CW

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Filed 01/24/2008 Cesiakaze

Nov 13 2007 1:31 PM
oh not bad, Blia and I have been cooking just about every night since we moved in. :) but its all good, hey maybe I can invite you over one day, would you like that? then I get to cook you some real food and not that cardboard they call food at the dorms :)

Page 5 of 16

Mai Shoua

Nov 12 2007 11:09 AM
hey chad.. what's up?? when are you suppose to comeback??

Mai Shoua

Nov 10 2007 9:48 AM

http://www.myspace.com/chad_holste (4 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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FiledA01/24/2008 ITS BOY!

Nov 8 2007 7:53 PM

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Get more at Smoke420.com Cesiakaze

Oct 21 2007 9:56 PM
4 days a week...ouch I'm sorry. yeah that is a lot of Steven per week, but finals are coming up so schedules change now.

Cesiakaze

Oct 21 2007 1:48 PM
no Steven today or the other days of the weekend? you must be feeling better already yeah? haha, but it sounds like your almost over it so that's good, you ready for the final on Wednesday? hang on...do you even know what it is? cause I really don't. haha I'm so lame

Aussie

Oct 21 2007 12:44 PM
I'm ok. and there are always people in need of asskicking whether or not its gonna happen now or later is the true question. How's my teddy bear?

http://www.myspace.com/chad_holste (5 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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Filed 01/24/2008 Cesiakaze

Oct 19 2007 8:19 AM
Hi douchey-male-group-member-guy, how ya been? haven't seen you since oh lets see... wednesday? yeah that sounds about right...so how you feeling? any better?

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Jaimie Lee

Oct 17 2007 12:09 PM
hey chad havent seen you in a while how have you been? oh guess what? im actually gonna be here this weekend lol one of the last weeks of school and im finally gonna stay here well ill see ya laterz

Jaimie Lee

Oct 8 2007 7:14 PM
yeah i know... im turning in stuff in class on wednesday and no i feel like shit how are you?

Jaimie Lee

Oct 8 2007 12:49 PM
just gettin some homework done. i cant believe the semester is almost over already

Jaimie Lee

Oct 8 2007 9:52 AM
omg its chad!!! whats up?

http://www.myspace.com/chad_holste (6 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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Filed 01/24/2008 YaMee

Oct 7 2007 9:26 PM
playing with fire eh? i hope you got burned. Muahahaha, jk.

Page 8 of 16

i'mma be a billionaire!!!

Oct 1 2007 9:52 PM
yes i know i am a lucky biatch..lol..well thats what i usually do over the weekend too but this weekend i got lucky my brothers decided they wanted me to go..so i went..lol..how's your day going and thanks for the pix comment...

i'mma be a billionaire!!!

Sep 30 2007 10:14 PM
lmao..it was okay..i hung out with friends and went fishing with my brothers..what did you do??

Jaimie Lee

Sep 30 2007 12:19 AM
we havent started that yet we finished 5 on friday or at least i thought thats what we were supposed to do

http://www.myspace.com/chad_holste (7 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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Filed 01/24/2008 Sep 3092007 12:14 AM Page of 16 Jaimie Lee
well im gonna retake the midterm so maybe itll go up if i do better

Jaimie Lee

Sep 30 2007 12:09 AM
aw that sucks.. ive just been doin hw and then i hung out with some friends and went to dinner

Jaimie Lee

Sep 30 2007 12:06 AM
nothin really. thinkin about goin to bed pretty soon though what have you been up to lately?

Jaimie Lee

Sep 28 2007 10:47 PM
hey chad! how have you been?

i'mma be a billionaire!!!

Sep 27 2007 6:40 PM
trouble..!!! you're right chuey is really nothing but trouble i'll let her know you're said she's trouble.. btw hi chad..

http://www.myspace.com/chad_holste (8 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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Filed 01/24/2008 YaMee

Sep 27 2007 5:36 PM
what are you doing in the picture above?

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Jaimie Lee

Sep 23 2007 10:39 PM
it was alright. just did homework and stuff. so not exciting lol

Jaimie Lee

Sep 23 2007 7:50 PM
hey chad! how was your weekend? oh thx for helping me with my lab on friday. i think ill probably come back in later this week to finish.

Jaimie Lee

Sep 18 2007 4:56 PM
hey ill just come by your room later. k? im gonna go eat right now

http://www.myspace.com/chad_holste (9 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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Filed 01/24/2008 Jaimie Lee

Sep 18 2007 4:53 PM
because i would feel bad

Page 11 of 16

Jaimie Lee

Sep 18 2007 4:50 PM
omg i cant take that from you.....keep it or something

Jaimie Lee

Sep 18 2007 4:46 PM
omg chad you cant give that to me!

Jaimie Lee

Sep 18 2007 4:44 PM
lol i have no idea

Jaimie Lee

Sep 18 2007 4:27 PM
lol ill try not too

http://www.myspace.com/chad_holste (10 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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Filed 01/24/2008 Jaimie Lee

Sep 18 2007 4:25 PM
lol what are you talking about?

Page 12 of 16

Bradley

Jul 26 2007 3:20 PM
Ja, mon! ...wait, that's Jamaican. Okay, run with it! >=O Cheers, Bradley

Ever the Fool.....

Jun 16 2007 12:40 PM
NERD!!!!! ...Just thought I'd voice my opinion, s'all I'm sayin'.

Bradley

Jun 1 2007 10:38 AM
Hey, you! Cheers, Bradley

Tricia

May 24 2007 5:49 PM
hey heard your coming in town.. that is good news... hope ya enjoy this town... well have fun.. later..

http://www.myspace.com/chad_holste (11 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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Filed 01/24/2008 Bawbee

May 24 2007 3:03 AM
Hey Chad, I just wanted to thank you for taking time to read my blogs. I read your comments, and I would love to hang out.. so whenever you're in Redding.. well, you know my number. I miss you. Why is Fremont so far away? -Bobbi

Page 13 of 16

High Plains Twister

May 4 2007 6:46 PM
"Go ahead, make my day." You're a funny guy, Clint Eastwood! By the way, I do a pretty decent impression of him.

Je m'appelle Angie

May 1 2007 11:33 PM
[email protected]

Je m'appelle Angie

May 1 2007 11:05 PM
nm....just do my homework and talk to my friends on MSN... wat u up to?

http://www.myspace.com/chad_holste (12 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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Filed A BOY! 01/24/2008 ITS

Mar 2 2007 10:40 PM

Page 14 of 16

Get free graphics at BlingyBlob.com! Bawbee

Feb 14 2007 1:48 AM

Je m'appelle Angie

Feb 3 2007 12:08 PM
Hey....How have you been? .... I just wanna say HI ^.^

http://www.myspace.com/chad_holste (13 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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Je m'appelle Angie

Filed 01/24/2008

Jan 11 2007 8:03 AM
Hi Chad.. How r u doing? i'm doing good.. and have a great time in Thailand.. i'll see you soon and yeah... just wana say hi and drop you some love Angie

Page 15 of 16

Je m'appelle Angie

Dec 26 2006 4:48 PM
hey.... i just wanna say hi and yeah... happy holiday...

~Just Jess~

Dec 25 2006 12:13 AM
Merry Christmas Chad and a happy new year

Where will this road take me?

Dec 21 2006 9:28 AM
Oo. top friends? i feel so special^^ anyways, i just saw you leave for school earlier. was it mathlab you said? well, HAVE FUN! good luck and happy holidays!

http://www.myspace.com/chad_holste (14 of 15)1/24/2008 8:05:01 PM

MySpace.com - Chad - 19 - Male - Fremont, US - www.myspace.com/chad_holste

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Document 5-3

Filed 01/24/2008 L'anDaPanda

Dec 21 2006 7:51 AM
hey, looking forward to xmas? for my birthday, my mom chose the film for us to go see. and she chose 'Black Christmas.' How bloody festive (no pun intended)

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Je m'appelle Angie

Dec 20 2006 6:55 PM
Hay.. i'm leaving tomorrow and i might not see you until i come back.. so.. i just wanna say bye and see you soon ^.^ Angie

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Case 4:08-cr-00064-CW

Document 5-4

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EXHIBIT 3

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Case 4:08-cr-00064-CW

Document 5-4

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MySpace.com | rss | sign in | sign out Chad Thursday, November 15, 2007 In a world of Voices... Current mood: quixotic Gunfire speaks the loudest.
Last Updated: Dec 29, 2007

There comes a time when the tyranny of government becomes intolerable to the common man. It grinds at his spirit every day with it's rules and regulations. It chaffes at his freedom with it's conventions. In the past, this was the time when men took up sword and spear and struck down their oppressors. Today, the sword is the pistol, and the spear is the rifle. A single shot can change the world. Would you pull the trigger? Currently listening : Warriors of the World By Manowar Release date: 02 May, 2005

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Gender: Male Status: Single Age: 19 Sign: Pisces City: Fremont State: CALIFORNIA Country: US Signup Date: 07/01/05 Blog Archive [ Older Newer ]

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Tuesday, September 18, 2007

Go

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Case 4:08-cr-00064-CW

assigning a meaning Current mood: cynical

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If you've ever taken a college english class, you'll be well acquainted with teachers asking you "what does this mean?" or "what is the author trying to tell us?". These questions drive me absolutely bonkers! Soem stories don't have a message, some of them are JUST GOOD STORIES. Not everything has some deeper meaning. The same goes for art. I just get so frustrated whenever some new-age nitwit starts talking about the "message" of some ancient work of art. They obviously don't understand that some of these people they idolize where only doing this to pay the bills. They GOT PAID to make these things. I'm really getting tired of everything in the world having to have some meaning beyond the obvious, sometimes things really are that simple. Currently listening : Believe By Disturbed Release date: 17 September, 2002

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Sunday, September 16, 2007 Just a thought Current mood:

cynical

All weekend, I've been trying to understand what motivates people. Really, it doesn't make any sense. There are over 6.7 Billion people on this planet, and you're just one of them. You're just an individual ant in a giant colony. The chances of ever getting the chance to do something ACTUALLY important are slim to none, nevermind the whole "I gave a pittance to some supposedly 'worthwile' charity, therefore I did something that matters" or "I'm important because the guy in the funny hat said so". So many people struggle through life under the delusion that they actually MATTER. Any one of us could die right now, and the world and society wouldn't so much as blink. Really, everyone's just going through the motions.... 4:49 PM - 1 Comments - 0 Kudos - Add Comment

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Case 4:08-cr-00064-CW

Document 5-4

Filed 01/24/2008

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Monday, July 23, 2007 The Great Rebirth, part one Current mood: cynical There is no god, only man Man created god Does that not make man more powerful that god? However, we have allowed ourselves to be convinced of our own powerlessness. If we were to somehow overcome this misconception, mankind's potential would be unlimited. However, to do this, we must remove all ideologies that place a power above ourselves. Of course, this means that religion must be stamped out, as it has no place in my vision of the golden age of mankind. This will be extremely difficult and may require the liquidation of a large percentage of the human race to achieve. When religion is removed, next must fall the governments of the world. There is no inherent difference between human beings, so why should they be ruled differently? This stage may prove even more difficult than the removal of religion because of the age-old social infrastructure supporting the existence of the "countries". Once governments have fallen, there must be a time of chaos to fertilize the soil that the new humanity will grow in. However, care must be taken that no new groups form during this time that may resist the next stage. Now will come the great rebirth. The people of the world will be brought together to settle on the hospitable land, with the deserts and other inhospitable places abandoned except when they hold resources important to the progress of the new humanity. Currently listening : The Blessed and the Damned By Iced Earth Release date: 10 August, 2004

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Case 4:08-cr-00064-CW

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Saturday, July 21, 2007 How I Judge you Current mood: cynical I was asked not long ago how I judge who to be friends with and who I'm not going to get along with, and I must admit, I couldn't answer the person. Now that I've thought about it for a few months, I can honesty say exactly how I judge people; by the company they keep. If a person associates with people who are cruel, arrogant, selfish, or immature, it doesn't really matter their individual temperament, I won't like them. On the other hand, if a person surrounds themselves with thoughtful, caring, mature friends, I'll give them a closer look. Currently listening : Best Of The Outlaws: Green Grass & High Tides By The Outlaws Release date: 01 October, 1996 5:56 PM - 2 Comments - 2 Kudos - Add Comment

Friday, June 29, 2007 The Legitimacy of Hate Current mood: cynical Often I hear people decrying hate as a terrible thing. However, they completely miss how powerful of an emotion hate can be, how much of a driving force it can be. I asked a soldier who fought in the pacific what he felt when he was fighting, and he said hate, hate for the Japanese. I asked a soldier who fought in France the same thing, and he gave me the same answer; hate for the Germans. It's what made them fight to the death instead of giving up, it's what made them such terrible foes. Even now, when we have no great centralized enemy to point at and say "I hate that", hate can still be a mighty tool. Hatred can make a man powerful, it can make him dangerous. Don't be afraid to hate, use it, don't fear it.

feel free to comment

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Case 4:08-cr-00064-CW

Document 5-4

Currently listening : Face The Promise By Bob Seger Release date: 12 September, 2006

Filed 01/24/2008

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Sunday, June 24, 2007 The assumption of respectability Current mood: cynical During the past few years of watching how people interact, I've noticed a rather intriguing trend. People always assume that they deserve the respect of others, no matter what the subject of conversation. Now, to some people this wouldn't be so shocking, but to me it's simply amazing. No matter how disrespectful a person is to another, they expect respect in return. I'm not sure why this happens. Below are a couple examples of this in action.

Example 1 Individual: Adam D. Venue: Foothill High School Subject: General Adam D. was fond of "picking on" members of his classes for his friends amusements. However, whenever he himself was attacked, he responded with shock and outrage.

Example 2 Individual: Name Unknown Venue: Electronics Lab Subject: Courses at DeVry The individual in question was fond of lamenting about the quality of courses at DeVry. However, whenever he was asked about how he would improve the courses, or why he thought the courses were deficient, he would immediately become defensive and try to avoid the subject thereafter.

Feel free to comment and discuss as you wish (just don't assume you'll be respected)

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Case 4:08-cr-00064-CW

Document 5-4

Currently listening : Touched by the Crimson King By Demons & Wizards Release date: 28 June, 2005

Filed 01/24/2008

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