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Desiree Capuano & James Pendleton
250 E. Placita Lago Del Mago
Sahuarita, AZ     85629
Tel: 520-288-8200
desiree.capuano@gmail.com
japendletonjr@gmail.com
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RE: desireecapuano.com domain and related services
From: Shayne Tuchfarber <shayne.tuchfarber@phoenix.gov>
To: Patrick <patrick@desireecapuano.com>
Date: Thu, Jul 31 2014 7:21:42 pm
You are correct about that.

Thanks for the time frame, that should be plenty.

Shayne 
________________________________________
From: Patrick [patrick@desireecapuano.com]
Sent: Thursday, July 31, 2014 12:18 PM
To: Tuchfarber, Shayne
Subject: Re: desireecapuano.com domain and related services

Detective Tuchfarber:

I was thinking 3 months would be a reasonable amount of time. I understand you're
busy and probably have many, much higher priority cases to deal with.

Patrick



shayne.tuchfarber@phoenix.gov wrote:

Patrick,

Thank you for the informative, and lengthy explination!

I appreciate the fact that you are at least willing to let us conduct an
investigation and are giving us time to speak with G*****.
It is my understanding that school is starting in the next week or two, depending on
the distict. I would ask that you allow us time to not remove him from
his first week or two of school.

Let me know your thoughts and again, I appreciate your time.
Shayne
________________________________________
From: Patrick [patrick@desireecapuano.com]
Sent: Thursday, July 31, 2014 7:54 AM
To: Tuchfarber, Shayne; Desiree Capuano
Subject: Re: desireecapuano.com domain and related services

Good morning, Detective Tuchfarber.

The US law to which I referred is civil, not criminal.

Currently the domain desireecapuano.com, including the web site and
email servers, is hosted on a server belonging to the provider
GoDaddy.com, and that server is located within the US (specifically, in
Phoenix).  Desiree could, if she was so inclined, seek an injunction in
civil court, to compel GoDaddy to take down the site. Of course, she
would have to establish that the information on the site is libelous.
The civil court, if it found that the information was, in fact,
libelous, and was NOT protected by the 1st Amendment, could issue such
an injunction and GoDaddy would then have to take the site down.

By moving the domain, including the web site, to my own physical
servers, then such an injunction would have to be against me (rather
than GoDaddy); and by moving it to my physical servers located outside
the US, the US civil court would not have jurisdiction over it.  And
such an injunction would not have power.

None of that is very relevant anyway, because the content on the web
site is all factual and protected by my 1st Amendment right to free
speech.  If anything, a civil court could only require me to include a
disclaimer stating that the site is NOT maintained by Desiree - which I
am already doing in the footer of each page.  Desiree and I are still
legally married, so I am still a member of her "immediate family".

The reason for the decision is that Desiree has complained to GoDaddy
that I have violated their spamming policy and they have openned an
investigation.  They will eventually find that I did not violate the
policy, however, it still creates a nuisance for me (and for GoDaddy)
which I must address in order to remain in good standing.  Moving the
domain to my own servers eliminates the possibility of that happening again.

I intend to honor our agreement to refrain from my pursuits of ruining
Desiree's life and career "for the time being", with the understanding
that the Phoenix PD will be addressing, or at least looking into, the
matters of her ongoing drug use and her continued attempts to convince
G***** that marijuana is a "good thing" and that in time he will "learn
to love the smell of it" (those are quotes from G*****).  I also expect
that you will be keeping your agreement to have a representative of the
Phoenix PD interview G*****, in confidence, about such matters.

If you have any further questions please do not hesitate to let me know.


Thanks,
Patrick



On 07/31/2014 06:14 AM, shayne.tuchfarber@phoenix.gov wrote:
> Patrick,
>
> I am not sure what this means? You are going to maintain the website, but believe
you will not be subject to any US law?
> If you could clarify for me please and thank you.
>
> Shayne
> ________________________________________
> From: Patrick [patrick@desireecapuano.com]
> Sent: Wednesday, July 30, 2014 7:10 PM
> To: Desiree Capuano; Tuchfarber, Shayne
> Subject: Re: desireecapuano.com domain and related services
>
> Sorry for the typos - I sent that message (and this one) from my phone.
>
> Also, I forgot to CC Detective Tuchfarber.
>
> Patrick
>
>
>
> Patrick  wrote:
>
> Desiree:
>
> Please be advised, due to my lack of interest in dealing with go daddy (or any
other US based hosting provider) I intend to transfer the hosting of the
aforementioned domain, and all services thereto related, to my own servers, which are
based outside the US and will, therefore, not only not be subject to US laws and
regulations, but will also be under the exclusive control and authority of...well,
me.
>
> If you gave any objections to thus intended change please submit them at this time.
>
> Thank you for your time and for your ongoing support of the Desiree Capuano
Foundation.
>
> Sincerely,
> Patrick
>