I did not mention Eric Shupps in my brief because none of the items Eric Shupps spoke about were in the final order. Eric Shupps testified about items in Exhibit 18. Nothing from Exhibit 18 ended up in the final order which attorney Randy Turner wrote. I don't know why in the world Randy Turner would even bring up Eric Shupps' name when Eric Shupps clearly stated he's not an expert. If Eric Shupps is not an expert, he should have never had anything to do with this case. I guess Eric Shupps was the only person dumb enough to say "yes" to being an expert in this case. I'm sure Randy Turner could not find a real expert who would be willing to make up shit and be totally embarrassed and humiliated in a court of law. A real expert would have lost his reputation by spewing these crazy unfounded lies.
From my reply brief,
"Appellees state that their expert witness established that Appellant had “authored the defamatory statements that appeared in her blogs and was responsible for having those statements reposted in media sites.” Again, they misquote the record.
Their supposed “authorship expert” was not an expert at all. Shupps did not go to high school, college or get a degree in anything per his resume. When questioned Shupps admitted he was “not an expert,” (RR 3, pg 153, lines 19-21)
Q. So you just stated that youʼre not an expert?
A. I believe I have maintained that all along. Yes.
He also admitted that he had no proof that I wrote the blogs (RR 3, pg 166, lines 7-13)
Q. And just so weʼre clear, are you 100 percent certain that I wrote all of the
blogs in Animal Advocates that you used that you attributed to me?
A. No.
or the articles (RR 3, pg 161, lines 19-22)
Q. Again, do you have some physical proof or evidence that can prove beyond a shadow of a doubt that I absolutely wrote and posted those articles on Indybay?
A. There is no evidence that would exist to that.
This “sophisticated computer program designed to analyze and discover the authorship of documents” which Shupps used is no such thing. As per Appellantʼs trial brief (2nd Supp CR @ 111) “The software Schupps used to analyze the writings is seriously flawed. JGAAP is a free bata program available through Wikipedia which only does closed class attribution. As per the author “you could give it a copy of Moby Dick and ask which Marx Brother wrote it, and it would have to pick one of the Marx Brothers.”
The creators of the program stated “there are many key problems such as the open class problem, the adversarial problem, and the co-authorship problem. It is emerging technology. Itʼs not proven.” It does not meet Texas Rules of Evidence.” (2nd Supp CR @ 111) “More from the author of the software” “JGAAP is not intended as a final product to be used in court cases.” “There are many different methods in JGAAP which work to varying degrees and I assume if you try enough of them you could find a handful that tell you whatever result you have preconceived.”
Appellees state that their “expert” Shupps found a “fingerprint” on a PDF linked in one of the articles in question. The author of the PDF was supposedly listed as “Mary Cummins.” The PDF in question was a copy of a letter attorney Donald Feare sent to the City of Mineral Wells threatening them with bad press and a lawsuit if they didnʼt find the 1999 rabies complaint against Appellees “groundless.” Appellant had posted this PDF to her website (Pla Exh 17.) “Expert” Shupps falsely stated that because the authorʼs name was still on the PDF, it proved Appellant wrote the article. Appellees “expert” admitted he had no proof that Appellant wrote the articles."
It was frustrating cross-examining Eric Shupps because he is just an uneducated and not too bright bullshitter. He thinks if he speaks loudly and quickly enough everyone will believe the bullshit that he spews. This is why his silly notion is flawed. One, every person has the power to put any author name they like in any pdf. Just because someone is listed as the author doesn't mean they wrote it or posted it. Two, I did in fact scan and post Donald Fear's letter as a pdf in MY website. I admit this in MY website. The author in the pdf in my website is "mary cummins." If someone else downloads, saves it, the author still says "mary cummins." If someone else downloads it from my site and posts it on another site, the author still says "mary cummins." Just because the author says "mary cummins" does not mean that I loaded it to another website or wrote an article in someone else's website. Is Eric Shupps really that dumb or did he think no one would realize that he's a total bullshitter? How does this guy get any work at all?
I'm incredibly shocked that Randy Turner would even mention non-expert "expert" Eric Shupps in his reply. Eric Shupps admitted he's not an expert in court. Eric Shupps admitted he'd never done authorship analysis before. Eric Shupps admitted this was the first time he ever used the software. Eric Shupps admitted it was closed class attribution.
This is another example why I think there is something wrong with Texas attorney Randy Turner. What sane person who hire Eric Shupps as an expert? I had a handwriting expert. She had years of experience and an impressive resume. I would not have hired Eric Shupps. I guess Randy Turner thought he had Judge William Brigham around his little finger so he doesn't have to put on a good case. That much was true.
