Saturday, November 1, 2014

Toyota Joel H. Smith persists in ongoing inquisition despite knowing the whole story from Dr. Anderson



Joel demands "immediate" answers to excessive inquisitory questions

According to plaintiffs, Toyota was late to comply with the court's discovery order with regard to some important source code material related to the killer Full Throttle Bug. [correction: I am not sure this related to the FTB exactly--I have to review the papers again...] The items claimed by Todd Walberg were testing results done by a defense expert named Arora, and possibly other stuff too.

This delay prevented plaintiffs' technical experts, including Barr, from testifying about the Full Throttle Bug. [correction--I think I was confused by these papers--it seems that based on more papers that the dispute about the nature of the FTB theory--either a supplement or a new theory--was the issue at hand.]
In any case...the exclusion of the FTB likely prevented an MDL outcome that reflected the whole truth. As per usual, Toyota then got away with a narrowed-down version of reality that naturally favored itself.

But, as an overzealous inquistor, Joel forgets that he and his colleagues were egregiously late with key evidence, and he demands immediate answers to his too-inquisitive questions, while periodically also threatening to drag his target Mr. Barr into court (which he has since done, but mainly failed to get the court's backing.) Even though the court's order has rendered most of them irrelevant, I list these demands here anyway, just for the record, lest we forget.

Here are some quotes from his letters to counsel for plaintiffs and for Barr:

1. "It is very important that we receive today by noon a confirmation...
2. We cannot be delayed a day in preserving or obtaining this evidence...
3. Your immediate cooperation is needed...
4. Please confirm by return email no later than noon Pacific time Monday...
5. Please provide by close of business Monday your agreement to abcdefg.....z...
6. We must have your detailed and immediate cooperation...
7. Barr counsel arguments "lack merit" and are "unpersuasive"..."unilateral"
8 Toyota is not required to take anyone's word for it...
[Compare and contrast to Akio Toyoda saying "Trust me. Our cars are safe."]
8. Toyota must be able to test inconsistencies [in Barr's statements]...
[Compare and contrast to the inconsistencies of Toyota's admitted criminal misrepresentations to Congress, the public, and NHTSA.]
9. Barr's documents are the only way Toyota investigate [sic] the extent of Barr's disclosures - direct and indirect - to Benjaminson."...

Duh, Joel, nice try but your hyperbolic demands are obviously nothing more than craven abuse.

Here is Dr. Anderson's declaration. What's wrong with you that you don't believe him?



(Apologies to blog readers for the illegible image of this declaration that I had posted earlier.)


Here is what Barr counsel Mr. Bucknell has to say about Joel's inquisition:




As Mr. Bucknell says, Joel's approach is like an "indictment in search of evidence."

Yes, indeed. Backward. Wrong.

truth
life