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Bank robbery suspect wants NSA phone records for his defense

One South Florida man accused in a series of bank robbery attempts is hoping the recent revelation that the federal government is secretly keeping millions of U.S. phone records could help his defense.

Terrance Brown, 40, is one of five men on trial in federal court in Fort Lauderdale on charges they conspired to hold up armored trucks making cash deliveries to banks in Miramar and Lighthouse Point in 2010. They have all pleaded not guilty.

Another man, alleged co-conspirator Nathaniel Moss, 34, is serving life in federal prison after admitting he shot and killed Brink's truck guard Alejandro Nodarse Arencibia, 48, during the final heist on Oct. 1, 2010, outside the Bank of America branch at 7950 Miramar Parkway.

The FBI and federal prosecutors are using cellphone records in court to try to prove that the five accused men were all nearby when the robbery attempts and planning occurred, as Moss, who is cooperating with the U.S. Attorney's Office, testified.

The prosecution had told defense attorneys that they were unable to obtain Brown's cellphone records from the period before September 2010 because his carrier, MetroPCS, had not held on to them.

Not so fast, Brown's attorney Marshall Dore Louis argued in court documents filed in Fort Lauderdale days after the National Security Agency surveillance program was revealed last week.



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What a shitcan of worms this

What a shitcan of worms this all is. Suppose they turn over the records (doubtful), and it does help the defense? I see this as a huge problem for those who seek the surveillance state's abolition. It will reinforce the 'goodness' of the program and invert the mentality of the people to accept that having records will help prove their innocence. The justice system will be turned entirely on its head (not that it's standing upright at the moment).

No longer will the burden of proof fall on the state to prove guilt; it will fall on individuals to prove innocence. And individuals will see this as a good thing.


bigmikedude's picture

And the barrel of monkeys

disperses far and wide into total helter skelter.