DOJ Bombshell: Chinese Consulate In San Francisco Harboring ‘Active Duty’ PLA Researcher Wanted By FBI

DOJ Bombshell: Chinese Consulate In San Francisco Harboring ‘Active Duty’ PLA Researcher Wanted By FBI

Tyler Durden

Wed, 07/22/2020 – 18:43

Amid a crazy day of ordered consulate closures, alleged death and bomb threats made against the Chinese Embassy in Washington and diplomatic wrangling, and on threats out of Beijing to “respond” in a devastating way to Trump’s growing pressure campaign and China-related sanctions, Axios is just out with a bombshell late in the day Wednesday that ensures the tit-for-tat will only grow much more intense.

A researcher who lied about her affiliation with a Chinese military university entered the Chinese consulate in San Francisco after being interviewed by the FBI on June 20 about alleged visa fraud and has remained there, according to an FBI assessment in court filings dated July 20,” Axios writes. 

If accurate, this would give some level of evidence to support Senator Marco Rubio’s earlier charged allegation that “China’s Houston consulate is a massive spy center, forcing it to close is long overdue,” as he tweeted, riling Chinese diplomats and pundits. He called it and others a “spy shop” which is part of the “Communist Party’s vast network of spies & influence operations in the United States.”

Chinese consulate in San Francisco, Wiki Commons

Analysts cited in the Axios report say that if the FBI allegations are true of the diplomatic outpost, which enjoys immunity from US law given its special protections under international law as an extension of the main embassy, it would constitute a “highly unusual” and “extraordinary” case given the severe abuse of consular privileges.

“It is highly unusual for a Chinese diplomatic post to associate so closely with a suspect in an intellectual property theft-related case,” New York-based cyber crimes lawyer Minyao Wang told Axios. “Sheltering a defendant in a criminal case by using the diplomatic immunity of a consular building, if true, is really extraordinary.”

Here are the known details, per Axios, related to one Tang Juan – a University of California-Davis researcher previously admitted on a J-1 visa (non-immigrant visa issued to scholars engaged in exchange type programs):

  • On her visa application, Tang stated that she did not have any affiliation with the People’s Liberation Army (PLA), the Chinese military.

  • But an investigation revealed that she worked at the Air Force Military Medical University (FMMU), a PLA-affiliated university in China, and she is considered to be active military personnel.

  • After obtaining a warrant, the FBI searched her home and found evidence of her affiliation with the PLA.

  • On June 26, Tang was charged with visa fraud.

At that point Tang reportedly fled to the San Francisco consulate and is believed to have been given “safe harbor” there in order to avoid prosecution. She’s said to still be hiding out their under Chinese diplomatic protection.

This comes amid a spate of similar charges against Chinese nationals at research and academic institutions who attempted to conceal their ties with Chinese government entities. However it seems the first such case of an individual hiding out at a consular or embassy compound. 

“At some point following the search and interview of Tang on June 20, 2020, Tang went to the Chinese Consulate in San Francisco, where the FBI assesses she has remained,” the court filings say. And further: “As the Tang case demonstrates, the Chinese consulate in San Francisco provides a potential safe harbor for a PLA official intent on avoiding prosecution in the United States.”

Crucially the FBI says it has formally notified Beijing: “We made the Chinese government aware that she is a charged individual, so it unquestionable that they know the defendant is a fugitive from Justice,” an official told Axios.

All of this of course means that as intense as this week has already been, things are about to get a lot hotter between Beijing and Washington now that the case is public knowledge and out in the open. 

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Plaintiff Distressed by Neighbors’ Cameras—Because of His PTSD—Can’t Get Restraining Order

From the decision Monday written by Judge Tracy M. Smith in Nygard v. Walsh (Minn. Ct. App.); it strikes me as quite correct;

This dispute is between two neighbors …. At issue in this action are three surveillance cameras that [Patrick] Walsh and his wife, Nancy Walsh, installed on their property. The district court found that the Walshes installed the cameras on their home and directed them primarily toward different sections of their property. The cameras’ field of view does include some parts of [Jay T.] Nygard’s yard, and one of the cameras views the bottom of Nygard’s house, but it observes no windows. The cameras record images, which are stored remotely. If no one saves the images, they are deleted after 48 hours. The Walshes testified that they installed the cameras after multiple incidents involving Nygard.

After the Walshes installed the cameras, Nygard petitioned the district court for an HRO [harassment restraining order]. Nygard sought a no-contact order and an order preventing Walsh from recording him on his property. After a hearing on the matter, the district court dismissed Nygard’s petition….

A district court may issue a restraining order if it has “reasonable grounds to believe that the respondent has engaged in harassment.” Harassment includes “repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and intended target.” “[S]ection 609.748 requires both objectively unreasonable conduct or intent on the part of the harasser and an objectively reasonable belief on the part of the person subject to harassing conduct.” …

Nygard … asserts that his PTSD diagnosis is, in fact, an objective condition and that the district court erred by failing to consider it when assessing whether Walsh harassed him. He then argues, in the alternative, that the standard under the HRO statute is subjective, not objective.

In its order, the district court stated that “[Nygard’s] particular emotional vulnerability is not disputed, but this is a subjective feeling and not an objective action by [Walsh.]” … [T]he district court did not misapply the objective standard under the harassment statute. The objective standard is “[a] legal standard that is based on conduct and perceptions external to a particular person.” The subjective standard is “[a] legal standard that is peculiar to a particular person and based on the person’s individual views and experiences.”

Here, by describing Nygard’s sensitivity to cameras as a “subjective feeling,” the district court was noting that Nygard’s PTSD was something specific to Nygard and his perceptions; the district court was not stating that PTSD was not a legitimate medical condition. To issue an HRO, the district court had to assess the conduct and perceptions external to Nygard’s particular perceptions. Nygard’s PTSD, even though acknowledged by the district court, was not part of an objective assessment of the impact of the cameras and their placement. {Nygard makes a policy argument that the HRO statute should also protect individuals who suffer from PTSD, but he provides no legal authority for why PTSD should be considered under an objective standard.} …

Which areas of the yards the cameras are recording, how long the cameras store the information, and whether the cameras can see any of the windows of Nygard’s house are all factual considerations external to the perceptions of a single person. The district court applied an objective standard in considering the effect of the cameras on Nygard, rather than a subjective standard that considered his particular sensitivity to cameras.

Nygard alternatively contends that the objective standard applied by the district court is the wrong standard, arguing that the language of section 609.748 “is clearly subjective, especially in this instance.” He asserts that “[w]hat might be a substantial adverse effect for one person … might not be for another” and that “[t]here really is no way to specifically quantify that phrase.” But the law is clear that the district court may issue an HRO only if it has “reasonable grounds” to believe harassment has occurred and that whether “reasonable grounds” exist is an objective, not a subjective, analysis….

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Plaintiff Distressed by Neighbors’ Cameras—Because of His PTSD—Can’t Get Restraining Order

From the decision Monday written by Judge Tracy M. Smith in Nygard v. Walsh (Minn. Ct. App.); it strikes me as quite correct;

This dispute is between two neighbors …. At issue in this action are three surveillance cameras that [Patrick] Walsh and his wife, Nancy Walsh, installed on their property. The district court found that the Walshes installed the cameras on their home and directed them primarily toward different sections of their property. The cameras’ field of view does include some parts of [Jay T.] Nygard’s yard, and one of the cameras views the bottom of Nygard’s house, but it observes no windows. The cameras record images, which are stored remotely. If no one saves the images, they are deleted after 48 hours. The Walshes testified that they installed the cameras after multiple incidents involving Nygard.

After the Walshes installed the cameras, Nygard petitioned the district court for an HRO [harassment restraining order]. Nygard sought a no-contact order and an order preventing Walsh from recording him on his property. After a hearing on the matter, the district court dismissed Nygard’s petition….

A district court may issue a restraining order if it has “reasonable grounds to believe that the respondent has engaged in harassment.” Harassment includes “repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and intended target.” “[S]ection 609.748 requires both objectively unreasonable conduct or intent on the part of the harasser and an objectively reasonable belief on the part of the person subject to harassing conduct.” …

Nygard … asserts that his PTSD diagnosis is, in fact, an objective condition and that the district court erred by failing to consider it when assessing whether Walsh harassed him. He then argues, in the alternative, that the standard under the HRO statute is subjective, not objective.

In its order, the district court stated that “[Nygard’s] particular emotional vulnerability is not disputed, but this is a subjective feeling and not an objective action by [Walsh.]” … [T]he district court did not misapply the objective standard under the harassment statute. The objective standard is “[a] legal standard that is based on conduct and perceptions external to a particular person.” The subjective standard is “[a] legal standard that is peculiar to a particular person and based on the person’s individual views and experiences.”

Here, by describing Nygard’s sensitivity to cameras as a “subjective feeling,” the district court was noting that Nygard’s PTSD was something specific to Nygard and his perceptions; the district court was not stating that PTSD was not a legitimate medical condition. To issue an HRO, the district court had to assess the conduct and perceptions external to Nygard’s particular perceptions. Nygard’s PTSD, even though acknowledged by the district court, was not part of an objective assessment of the impact of the cameras and their placement. {Nygard makes a policy argument that the HRO statute should also protect individuals who suffer from PTSD, but he provides no legal authority for why PTSD should be considered under an objective standard.} …

Which areas of the yards the cameras are recording, how long the cameras store the information, and whether the cameras can see any of the windows of Nygard’s house are all factual considerations external to the perceptions of a single person. The district court applied an objective standard in considering the effect of the cameras on Nygard, rather than a subjective standard that considered his particular sensitivity to cameras.

Nygard alternatively contends that the objective standard applied by the district court is the wrong standard, arguing that the language of section 609.748 “is clearly subjective, especially in this instance.” He asserts that “[w]hat might be a substantial adverse effect for one person … might not be for another” and that “[t]here really is no way to specifically quantify that phrase.” But the law is clear that the district court may issue an HRO only if it has “reasonable grounds” to believe harassment has occurred and that whether “reasonable grounds” exist is an objective, not a subjective, analysis….

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Wisconsin Bank Pays Above Face Value For Coins Amid Shortage

Wisconsin Bank Pays Above Face Value For Coins Amid Shortage

Tyler Durden

Wed, 07/22/2020 – 18:20

As the nationwide coin shortage continues to rage, a southeastern Wisconsin bank is offering above face value for coins. 

Last week, the Community State Bank (CSB) launched a coin buy-back program to assist local businesses affected by the shortage. The bank is offering customers a $5 bonus for every $100 worth of coins turned in at any of its seven locations.

“The response has been tremendous,” CSB President and CEO, Scott Huedepohl, said in a release. 

“We’ve had people contacting us not only from our community but all over the United States. Our goal was to generate enough coin inventory to help our local businesses. We’ve met and far exceeded our goals,” said Huedepohl. 

The program is expected to end Tuesday (July 21), was initiated late last week, and quickly gained national attention.

CSB customers and non-bank customers were able to receive a maximum bonus of $500. That means if someone brought in $200 in coins, that customer would get a $10 bonus.

“We received an abundance of coin in a short amount of time,” said AVP Retail Operations Director, Katie Stolp. “I’ve never seen anything like it. We’re very fortunate that we have the tools and ability to process all of the coins. That coin is now being put to good use and helping local business owners all over Southeast Wisconsin.” 

Huedepohl thanked community members for stepping up to the plate when the local economy needed them the most. 

“Thank you,” said Huedepohl. “Thank you to everyone who came in and dropped off coin. Once again, our local communities delivered, and we’re so grateful.” 

CSB said the program could restart in the future if virus-related lockdowns are seen again. The cause of the shortage was due primarily to business and bank closures during lockdowns, which disrupted the nation’s coin supply chain and normal circulation patterns.

In recent weeks, we have reported Meijer supermarkets, Kroger grocery stores, Walmart stores, and many other retailers informed customers they must use credit or debit cards because of the shortage. 

We also noted this could’ve been a trial run by elites to push a cashless society

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Herd Immunity Threshold Against COVID-19 May Be Lower Than Believed: Researchers

Herd Immunity Threshold Against COVID-19 May Be Lower Than Believed: Researchers

Tyler Durden

Wed, 07/22/2020 – 18:00

Authored by Isabel van Brugen via The Epoch Times,

Herd immunity to COVID-19, the disease caused by the CCP virus, could be achieved with fewer people being infected than previously estimated, new research suggests.

According to an Oxford University study (pdf), the herd immunity threshold (HIT) may be lower than previous estimates because many people may already be innately immune to COVID-19—without ever having caught the disease.

A team of researchers from the University of Oxford’s Zoology Department, led by Professor Sunetra Gupta, produced a model that suggests as little as 20 percent of the population may need to be resistant to the virus to prevent a resurgence of an epidemic.

The study, which was published on July 16, is yet to be peer-reviewed.

“It is widely believed that the herd immunity threshold required to prevent a resurgence of SARS-CoV-2 is in excess of 50 percent for any epidemiological setting,” the paper says.

The researchers suggest that many people may have already built up some degree of resistance to the virus from exposure to seasonal coronaviruses, such as the common cold.

Herd immunity is achieved when enough people in a population have immunity to an infection to be able to effectively stop that disease from spreading. It lowers the chances of the virus being transmitted from person to person and reaching those who haven’t been infected yet.

Colorized scanning electron micrograph of cell (green) heavily infected with coronavirus particles (purple), commonly known as SARS-CoV-2 or novel CCP virus, isolated from a patient sample, photo published on March 16, 2020. (NIAID)

People can become immune to certain viruses after surviving infection or being vaccinated. Typically, at least 70 percent of a population must be immune to achieve herd immunity. But how long immunity lasts varies depending on the virus.

“Here, we demonstrate that HIT may be greatly reduced if a fraction of the population is unable to transmit the virus due to innate resistance or cross-protection from exposure to seasonal coronaviruses,” wrote study authors Jose Lourenco, Francesco Pinotti, Craig Thompson, and Gupta.

“These results help to explain the large degree of regional variation observed in seroprevalence and cumulative deaths, and suggest that sufficient herd immunity may already be in place to substantially mitigate a potential second wave,” they added.

The researchers said that when people who are resistant to a virus mix with non-resistant people, the HIT drops significantly.

“Given the mounting evidence that exposure to seasonal coronaviruses offers protection against clinical symptoms, it would be reasonable to assume that exposure to SARS-CoV-2 itself would confer a significant degree of clinical immunity,” the researchers suggest.

“Thus, a second peak may result in far fewer deaths, particularly among those with comorbidities in the younger age classes.”

More than 14.7 million people have been reported to be infected by the CCP virus worldwide and at least 610,000 have died, according to a tracking map by Johns Hopkins University, although the figures are believed by some experts to be unreliable owing to inaccurate data from China.

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Daily Briefing – July 22, 2020

Daily Briefing – July 22, 2020


Tyler Durden

Wed, 07/22/2020 – 17:55

Managing editor, Ed Harrison, hosts Jim Bianco of Bianco Research to discuss the Fed and Judy Shelton’s recent nomination, the significance of flows, and his forward look on markets and the economy. Bianco and Harrison first analyze the extreme opposition of Shelton’s nomination as a Fed Governor and consider how the Fed has been a domineering force in supporting markets for the past few months. Bianco then breaks down the types of retail investors and why their influence can prove to be powerful in driving market movements. They end their discussion by talking about the recent rally in gold and silver, and Bianco’s perspective on the bifurcation of markets and the economy, whether stimulus can be effective forever, and the damaged psyche of consumers. In the intro, Nick Correa gives an overview of the status of the US’s new relief bill and how the Federal Pandemic Unemployment Compensation program will end sooner than most Americans believe.

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Connecticut State Lab Finds 90 False Positives Out Of 144 Coronavirus Tests Administered In Mid-June

Connecticut State Lab Finds 90 False Positives Out Of 144 Coronavirus Tests Administered In Mid-June

Tyler Durden

Wed, 07/22/2020 – 17:40

90 people in the state of Connecticut were found to actually have been negative for coronavirus after receiving positive tests, MSN reported on Tuesday.

The state’s Department of Public Health said that its state laboratory found a “flaw” in one of its testing systems and that 90 of 144 people who were tested for the virus between June 15 and June 17 received false positive tests. 161 specimens were collected and a total of 91 of those showed false positives. 

Many of those who received the false tests were nursing home residents.

The state said that it reported the flaw to the test manufacturer and the FDA. It has taken “immediate steps” to make sure patients have been notified – hopefully more than just forwarding them a copy of this article. 

Even more alarming, the State Department of Health said the flawed numbers came “from a widely-used laboratory testing platform that the state laboratory started using on June 15.”

Acting Commissioner Deidre S. Gifford said: “We have notified the healthcare facilities for everyone who received a false positive test result from our state laboratory. Accurate and timely testing for the novel coronavirus is one of the pillars supporting effective response to the COVID-19 pandemic.”

Adjustments have been made to ensure the accuracy of future tests, she said. Additionally, she said all positive tests will be further reviewed by “multiple laboratory scientists” and retested using another method. 

We wonder how many other states are administering tests from the same “widely-used” platform…

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COVID-19 Infections in U.S. Are About 10 Times Greater than Reported Cases, Says Study

Masks2KaterinaSisperovaDreamstime

Researchers with the Centers for Disease Control and Prevention (CDC) have just published the results of blood tests seeking antibodies for COVID-19. This seroprevalence study in the Journal of the American Medical Association (JAMA) scanned blood samples taken from more than 16,000 people from 10 areas around the U.S. during varying time periods in April and May. The samples are not random but were gathered from patients who were visiting their physicians or hospitals for treatments and checkups.

Based on these test results, the researchers conclude that at most of the sampled areas “it is likely that greater than 10 times more [coronavirus] infections occurred than the number of reported COVID-19 cases.” In fact, they estimated that the ratio of undetected infections to reported cases ranged from being six times greater in Connecticut, to 24 times greater in Missouri.

The researchers caution that “extrapolating these estimates to make assumptions about population immunity should not be done until more is known” about how much long-term protection against re-infection antibodies may provide. They further note that their findings “may reflect persons who had mild or no illness or who did not seek medical care or undergo testing but who still may have contributed to ongoing virus transmission in the population.” The CDC recently estimated that about 40 percent of people infected with the virus that is responsible for COVID-19 exhibit no symptoms and the chance of transmission from such people is around 75 percent.

The researchers estimate in the JAMA study that the percentage of people who had been infected by the time the samples were collected in April and May range from 6.9 in the New York City area to 1 percent in the San Francisco Bay area. These results are from early in the pandemic and estimates based on later antibody testing suggest, for example, that more than 20 percent of New York City residents had already been infected by the end of April.

What are the implications of these findings for the future course of the pandemic in the U.S.? “The study rebukes the idea that current population-wide levels of acquired immunity (so-called herd immunity) will pose any substantial impediment to the continued propagation of [COVID-19 coronavirus] in the U.S., at least for now,” states an accompanying JAMA op-ed. “The size of the epidemic projected through early May 2020 in this study falls far short of the estimated herd immunity threshold of approximately 60% to 70%.” As the op-ed further observes, “Seven of the 10 study locations are currently experiencing substantial, as-yet uncontrolled increases in new COVID-19 cases.” On the other hand, other very preliminary evidence of more widespread T-cell mediated immunity to the COVID-19 coronavirus suggests the herd immunity threshold could be closer than antibody tests by themselves may reveal.

Parsing the data presented in the JAMA study allows for the very crude calculation of the infection fatality rate (IFR) for COVID-19, that is, the percent of infected people who will die of the illness. Dividing the number of infections estimated in the JAMA study by the total number of deaths in the various regions at the time the samples were collected, yields an overall crude IFR of around 0.47 percent. This compares favorably with the median IFR estimate of 0.5 percent derived from the well-respected machine learning model developed by independent data scientist Youyang Gu. Bearing in mind that these samples were obtained during the early part of the pandemic, the IFR for the various regions in the study range from a low of 0.1 percent for Utah and a high of 1.4 percent for Connecticut, both in early May. Earlier this month the CDC upped its overall COVID-19 IFR to 0.65 percent.

The IFR for seasonal flu is conventionally estimated at around 0.1 percent—although some researchers think that’s too high—which suggests that COVID-19 is nearly 5 times more deadly than the flu. So far, more than 80 percent of U.S. COVID-19 deaths occurred in people over the age of 65 years. This death rate is similar to CDC estimates that between about 70 percent and 85 percent of seasonal flu-related deaths occur in people 65 years and older.

The JAMA authors conclude: “Because persons often do not know if they are infected with [the COVID-19 coronavirus], the public should continue to take steps to help prevent the spread of COVID-19, such as wearing cloth face coverings when outside the home, remaining 6 feet apart from other people, washing hands frequently, and staying home when sick.” Until effective vaccines become available, that’s good advice.

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US Banks Can Now Hold Crypto

US Banks Can Now Hold Crypto

Tyler Durden

Wed, 07/22/2020 – 17:20

Submitted by CoinTelegraph,

Per a July 22 announcement shared with Cointelegraph, the Office of the Comptroller of the Currency (OCC) is granting permission to federally chartered banks to custody cryptocurrency.

image courtesy of CoinTelegraph

The future of banking with crypto on board

This issue has seen much skepticism, given that crypto wallets do not resemble the custody requirements of other sorts of assets. Nonetheless, in its interpretive letter on the subject, the OCC wrote: 

“The OCC recognizes that, as the financial markets become increasingly technological, there will likely be increasing need for banks and other service providers to leverage new technology and innovative ways to provide traditional services on behalf of customers.”

In the words of the announcement, the new opinion “applies to national banks and federal savings associations of all sizes.”

Acting Comptroller of the Currency Brian Brooks similarly saw the development as part of modernizing banking in the U.S., saying “From safe-deposit boxes to virtual vaults, we must ensure banks can meet the financial services needs of their customers today,”

The OCC’s letter further specifies that bank “custody” of crypto assets is dependent on their access to the keys to the crypto wallets rather than any sort of physical requirement — a confirmation of Andreas Antonopoulos’ famous line of “not your keys, not your coins.” the OCC specifies:

“That national banks may escrow encryption keys used in connection with digital certificates because a key escrow service is a functional equivalent to physical safekeeping.”

OCC’s heightened crypto engagement under Brooks

Coming from Coinbase’s legal team, Brian Brook’s tenure as Acting Comptroller has seen accelerated onboarding of crypto capabilities in the U.S. financial system. Speaking with Cointelegraph in early June, Brooks hinted at his interest in expanding the right to custody crypto.

This follows an international trend of banks looking to incorporate the crypto asset class.

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St. Louis Prosecutor’s Office Busted Altering Evidence; Reassembled Non-Operable McCloskey Pistol To Classify As Lethal

St. Louis Prosecutor’s Office Busted Altering Evidence; Reassembled Non-Operable McCloskey Pistol To Classify As Lethal

Tyler Durden

Wed, 07/22/2020 – 17:00

The pistol Patricia McCloskey waved at protesters who broke down a gate to trespass on their private street was a non-operable ‘prop’ used during a lawsuit they were involved in, so a member of Circuit Attorney Kim Gardner’s staff ordered the crime lab to disassemble and reassemble the gun – allowing them to classify it as “capable of lethal use” in charging documents filed Monday, according to KSDK5.

In Missouri, police and prosecutors must prove that a weapon is “readily” capable of lethal use when it is used in the type of crime with which the McCloskeys have been charged.

Assistant Circuit Attorney Chris Hinckley ordered crime lab staff members to field strip the handgun and found it had been assembled incorrectly. Specifically, the firing pin spring was put in front of the firing pin, which was backward, and made the gun incapable of firing, according to documents obtained by 5 On Your Side.

Firearms experts then put the gun back together in the correct order and test-fired it, finding that it worked, according to the documents. –KSDK5

According to the report, crime lab workers photographed the disassembly and reassembly of the pistol.

The McCloskeys attorney, Joel Schwartz, told KSDK that the St. Louis couple intentionally misplaced the firing pin on the gun, rendering it inoperable. They turned the pistol in to their former attorney Al Watkins following the incident last month.

“It’s disheartening to learn that a law enforcement agency altered evidence in order to prosecute an innocent member of the community,” said Schwartz.

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