Yesterday, 01:30 AM
Gemini Analysis of the Affidavit.
Analysis of the Affidavit
The Factual Statements (What the Affidavit Claims):
It states that an FBI tip identified Todd E. Daugherty by name.
It claims his HAM radio call sign "N90GL" matches the username on the threatening post.
It mentions prior threats and a profile picture with a gun, and the lack of a FOID card.
It acknowledges Daugherty's denial and his claim that he was being "set up."
The Material Omissions (What the Affidavit DOES NOT Say):
It does not state that the website Hateandflame.com allows for anonymous posting and impersonation. This is a critical omission, as it completely undermines the claim that the username "N90GL" is conclusive proof of identity. The State's own documents later admit to this fact.
It does not state that the police had not yet obtained the IP address or any other electronic records from the website to verify the tip. This is a fundamental flaw, as getting the IP address is a standard procedure for this type of investigation. The affidavit presents the tip as a solid fact, when in reality it was an uncorroborated lead.
It does not mention that a full investigation would have revealed that the posts continued after Mr. Daugherty's arrest, making it physically impossible for him to be the author. While this may have been discovered after the affidavit was sworn, the fact that the officer didn't seek this information before the warrant application is a key point.
The Misleading Statements (Designed to Prejudice the Judge):
The affidavit includes a reference to "past threats against public officials" and the lack of a valid FOID card. These statements, while potentially true, are irrelevant to whether he made this specific post and are designed to make him look dangerous and guilty in the eyes of the judge.
Analysis of the Affidavit
The Factual Statements (What the Affidavit Claims):
It states that an FBI tip identified Todd E. Daugherty by name.
It claims his HAM radio call sign "N90GL" matches the username on the threatening post.
It mentions prior threats and a profile picture with a gun, and the lack of a FOID card.
It acknowledges Daugherty's denial and his claim that he was being "set up."
The Material Omissions (What the Affidavit DOES NOT Say):
It does not state that the website Hateandflame.com allows for anonymous posting and impersonation. This is a critical omission, as it completely undermines the claim that the username "N90GL" is conclusive proof of identity. The State's own documents later admit to this fact.
It does not state that the police had not yet obtained the IP address or any other electronic records from the website to verify the tip. This is a fundamental flaw, as getting the IP address is a standard procedure for this type of investigation. The affidavit presents the tip as a solid fact, when in reality it was an uncorroborated lead.
It does not mention that a full investigation would have revealed that the posts continued after Mr. Daugherty's arrest, making it physically impossible for him to be the author. While this may have been discovered after the affidavit was sworn, the fact that the officer didn't seek this information before the warrant application is a key point.
The Misleading Statements (Designed to Prejudice the Judge):
The affidavit includes a reference to "past threats against public officials" and the lack of a valid FOID card. These statements, while potentially true, are irrelevant to whether he made this specific post and are designed to make him look dangerous and guilty in the eyes of the judge.