R. v. Patrick Fox; Court File No. 244069-10-BC [Patrick Fox; Elliot Poll (BCPS)]

Dear Mr. Poll:

I hereby sumit my third formal request for disclosure material in the referenced matter.

On 2022-07-22 I received some disclosure material, however there were a number of items I had requested previously which were not included. Those were:

• The names of the witnesses you INTEND to call at trial.
• All notes and "Client Logs", relating to myself, which were authored or created by the personnel of the BC Community Corrections (i.e. the Probation Office) between the dates of 2022-02-25 and the present.
• And/all audio/video recordings of my attendance at the probation office and my interactions with the personnel of BC Community Corrections on 2022-04-19.

In addition to the foregoing, having now reviewed the small amount of disclosure which has been provided on 2022-07-22, I hereby formally request the following disclosure material:

• The transcript of my interrogation by Det. McElroy on 2022-05-16.
• All recordings and transcripts of all othr witness interviews.
• All artifacts relating to all search warrants, including the search of the property seized from me at the time of my arrest, and my locker at the Belkin House.
• All artifacts relating to any/all arrest warrants for me, including those referenced by Det. McElroy and/or Det. Kim at the time of my arrest and interrogation on 2022-05-16.
• The identities of all justice system participants who were involved/included in the email correspondence initiated by David Layton on 2022-05-15 at 2:27:57pm, with the subject "Fox - website once again publicly available".
• All correspondence relating to this prosecution and the associated police investigations, including but not limited to any such correspondence to/from any probation officers.
• All artifacts relating ot any specific actions taken by any justice system participants (including the VPD and the BCPS) resulting from Judge Gordon's instructions to Crown Counsel Adam Flanders to find out what steps have been taken over the past six years to have the website shut down.
• Any/all computer firewall rules which were in effect within the VPD's internal computer network at 236 E. Cordova Street, Vancouver, which could have affected the ability of computers on that network to access a website potentially located at "desicapuano.com" on 2022-05-16.
• Any/all computer firewall access logs for the VPD's internal computer network at 236 E. Cordova Street, Vancouver, relating to any attempts to access any websites at "desicapuano.com" on 2022-05-16.

If you are unwilling to disclose any of the information requested above then I ask that you please let me know and that you schedule a pretrial conference at the earliest opportunity so we may address them on the record.

I request the following parties be produced for cross-examination at the trial:

• BC Community Corrections Probation Officer Julia Seath, who I reported to in person on 2022-04-19 and I informed her of the exact steps I had taken to ensure the website was no longer available.
• Crown Counsel Chris Johnson, who advised me on 2022-04-19 that since I had informed the probation officer of the exact steps I had taken to ensure the website was no longer available, then as far as he is concerned I had fulfilled the reporting requirement of the probation order.
• Crown Counsel David Layton, who claims to have first-hand knowledge of the website being publicly available on or about 2022-05-15.
• VPD Detective Amber McElroy, who participated in my arrest and conducted the interrogation of me on 2022-05-16.
• VPD Detective Jin Kim, or whoever the party was, within the VPD, who was the lead investigator in this case. Being that they were the lead investigator they MUST have relevant information.
• VPD Crime Data Analyst Catherine Meiklejohn, who claims to have first-hand knowledge of the website being publicly available on 2022-05-16, and who claims to have made "screen shots" of the website at that time.
• The party/parties within the BCPS who had been monitoring the website prior to my release from custody on 2022-04-17 and while I was out of custody until 2022-05-16. During her interrogation of me on 2022-05-16, Det. McElroy made reference to such party. Obviously, that person has critical, first-hand information relating to whether or not the website was publicly available during that time.

If you are unable or unwilling to ensure the attendance of the requested parties for the purpose of giving testimony then I ask that you notify me and that you schedule a PTC as soon as possible so we may address the issue on the record.

Also, at the trial, when I cross-examine Meiklejohn and Layton I will require access to a computer with internet access, with a shared screen for the witnesses, the judge, and you to be able to see the screen while I am questioning those witnesses. I know the court is able to facilitate that as they have done so in my previous matter (244069-8-B). I ask for your assistance in submitting the request for that to the court registry because I do not have direct access to the registry and would have to do it by mail.

Thank you.