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 Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial

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PostSubject: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sat Jun 06, 2015 3:46 pm

http://reason.com/blog/2015/06/05/montana-hate-speech-case

Elizabeth Nolan Brown|Jun. 5, 2015

Via Volokh Conspiracy, a disturbing criminal case out of Montana, where Flathead County resident David Lenio, 28, is being prosecuted for making disparaging remarks about Jews on Twitter and denying that the Holocaust happened.

Say what? While this sort of prosecution is common in parts of Europe, Americans enjoy the protection of the First Amendment, which contains no exception for what's colloquially known as "hate speech." The only permitted exceptions to free speech protections—as the Supreme Court recently re-articulated—are for obscenity, defamation, fraud, incitement, and "speech integral to criminal conduct."

As Eugene Volokh explains, defamation law is generally "limited to false factual assertions. It requires a showing that the speaker knows the statement is false, and isn’t just mistaken (reasonably or not). And it requires a statement about a particular person."

But under Montana's ridiculously broad defamation statute, "defamatory matter is anything that exposes a person or a group, class, or association to hatred, contempt, ridicule, degradation, or disgrace in society or injury to the person’s or its business or occupation." And anyone who "communicates any defamatory matter to a third person without the consent of the person defamed commits the offense of criminal defamation."

Here's a sample of the kind of things Lenio has been arrested for tweeting:

USA needs a Hitler to rise to power and fix our #economy and i’m about ready to give my life to the cause or just shoot a bunch of #kikes …

I hope someone goes on a massive killing spree in kalispell school because I'm so poor I can't afford housing and don't care about your kids.

Now that the holocaust has been proven to be a lie beyond a reasonable doubt, it is now time to hunt the Nazi hunters.

#Copenhagen It’s important to note that jews hate free speech & are known bullsh-ters, could be #falseFlag

Reasonable people may disagree on whether Lenio's assertion that he's going to shoot people constitutes a "true threat." (U.S. courts have recently been grappling with something similar in a case involving Facebook statements, although in that case the potential threats were directed at specific individuals.) But it's clear that if any illegal speech is at play here, it's the suggestion that Lenio might commit violence, right?

The Flathead County prosecutor's office, however, is charging Lenio not just for "intimidation" but also, independently, under the state's defamation statute. It argues that Lenio made defamatory statements about Jews by suggesting that they have degraded the economy and dislike free speech and by stating that the Holocaust was a lie.

Lenio's lawyer filed a motion to dismiss the charges on grounds that the statutes were unconstitutionally overbroad.* The state argued in response that "Lenio does not establish beyond a reasonable doubt that (the defamation law) is facially overbroad because it is not limited to cases against individuals or small groups of people" and he "does not establish how the statute reaches protected speech in a substantial number of cases."

Can we pause a second there? According to Montana proseutors, it's unimaginable how a law against voicing any negative opinion about any group of people could infringe on free speech in a substantial way.

This is not defamation as it's commonly understood. This is, as Volokh states, "that extraordinarily rare thing: an American prosecution for "hate speech." There's just one tiny problem: "The First Amendment doesn’t allow that."

While Volokh doesn't think the Montana defamation law is unconstitutional per se, its prohibition on injurious statements about groups, classes, or associations must be "limited to relatively small groups, such as...four officers of a corporation, or twenty-five employees in a particular job category," he writes.

But the Montana prosecutor disagrees; statements that injure the reputation of Jews as a class (or presumably Muslims, blacks, gays, men, police officers, law professors, Republicans, or any other such group as a class), the prosecutor reasons, are also covered by the statute.

If I lived in Montana as I typed something like "police officers are bullies," "librarians have six toes apiece," or "Montana government officials hate free speech," I could apparently be charged with criminal defamation. That's terrifying. And certainly unconstitutional?

Volokh points out that the Supreme Court did hold, in 1952, that "group libel" is constitutionally unprotected; yet since then, the Court and legal scholars have routinely rejected this opinion. Prevailing case law now holds that disrespectful, hateful, or "reputation-injuring" opinions—such as Lenio's assertion that Jews "hate free speech"—cannot be punished as defamation, which is reserved for false factual assertions. What's more, even false factual assertions cannot be considered defamatory unless the speaker knows they are false. And even deliberate falsehoods about historical matters (like the Holocaust) or economic and social issues (including the alleged behavior or characteristics of a large racial, religious, political, etc. group) are constitutionally protected as well.

The most recent ruling in this regard was United States v. Alvarez (2012), where judges opined that "laws restricting false statements about philosophy, religion, history, the social sciences, the arts, and other matters of public concern" would "present a grave and unacceptable danger of suppressing truthful speech." This does not mean that "there is no such thing as truth or falsity in these areas or that the truth is always impossible to ascertain," they state, "but rather that it is perilous to permit the state to be the arbiter of truth."
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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sat Jun 06, 2015 5:04 pm

What's keeping more people from coming out on Facebook and Twitter other than the fact that the jews in charge of those companies will suspend your account and disappear your posts?

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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sat Jun 06, 2015 6:03 pm



Nutty crypto!  He sounds dangerous to school kids, but not to jews.  Google him.

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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sat Jun 06, 2015 6:28 pm

Quote :
Here's a sample of the kind of things Lenio has been arrested for tweeting:

USA needs a Hitler to rise to power and fix our #economy and i’m about ready to give my life to the cause or just shoot a bunch of #kikes …

I hope someone goes on a massive killing spree in kalispell school because I'm so poor I can't afford housing and don't care about your kids.

Now that the holocaust has been proven to be a lie beyond a reasonable doubt, it is now time to hunt the Nazi hunters.

Hate hoax

Total set-up. The kook/plant is a crypto, of the Breivik make


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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sat Jun 06, 2015 10:32 pm



As his surname appears...he's Finnish.
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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sat Jun 06, 2015 10:51 pm

amalgamy wrote:


As his surname appears...he's Finnish.

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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sun Jun 07, 2015 12:29 am

For the record, state your IQ wag.
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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sun Jun 07, 2015 2:53 am

It's a set-up. An attempt to delegitimize awakened Americans and the imperatively important subjects which awakened Americans have involved their lives with, by associating the veneer of homicidal insanity and total ugliness with those subjects. Think about it - the nutter supposedly wanted to 'awaken people to Sandy Hook' while ranting about killing kids/shooting up schools?? Then he questions his own mental health for all to see... It too-perfectly fits the typical SPLC/ADL formula of bogusly connecting 'mental illness' or otherwise criminal impulses to people who spread truth about the holocaust and false flag terrorism etc.

This is the first time I've heard of this story, which goes back to February -- perhaps it fell flat because too many Americans don't buy this kind of crap anymore.


'How A Gun Control Advocate Helped Stop A Man Threatening To Shoot Up A School'



FEBRUARY 20, 2015

A prominent gun control advocate helped law enforcement track down and eventually arrest a Montana man on Monday after the suspect allegedly sent a wave of tweets threatening to kill Jews and open fire on children inside of a school.

David Joseph Lenio of Kalispell, Mont. was charged with intimidation and criminal defamation for his alleged threats to "execute #grade #school kids" and "shoot up a synagogue," The Flathead Beacon reported on Thursday.

He also reportedly tweeted that the best way to "handle" Jews was to repeat shootings such as a recent one in Chapel Hill, North Carolina, in which a white man has been accused of killing three Muslim American students.

His roommate told Kalispell police that Lenio had moved several guns and ammunition from a storage locker into their apartment only a day before the arrest, according to the newspaper.

Officers later searched the apartment and vehicle and found a handgun, a bolt action rifle and a semi-automatic rifle, the paper reported. Police also reportedly found ammunition, a pipe, and jugs of urine.

Jonathan Hutson, the chief spokesman for the Brady Campaign to Prevent Gun Violence, appears to have been a key to leading authorities to Lenio by providing the FBI and police several of the man's Twitter handles on Feb. 14.

Hutson told TPM in an interview on Friday that he began monitoring Lenio's accounts after the man responded to one of his tweets, a post linking to a New York Times article about the shooting in Copenhagen, in which a Jewish man was killed.

"He tweeted at me," Hutson told TPM on Friday. "It just happened that, of all the people with whom he could’ve tangled, he chose a spokesperson for the Brady Campaign who had a background as an investigative reporter."

Hutson was ready to dismiss Lenio as a "garden variety Internet troll" until the suspect began tweeting what he interpreted as threats, such as an image of a noose.

"He tweeted to me and asked where my kids went to school," Hutson said. "So that made me go into dad grizzly mode and stay up all night to help law enforcement find this guy."

Once Hutson scrolled through Lenio's Twitter feed and found it packed, he said, with direct threats to kill schoolchildren and Jewish people, he decided he had enough evidence to notify the authorities.

Hutson initially called the Oregon FBI and Linn County Sheriff's Office since Lenio's Twitter profile hinted at an old address from that state.

Hutson said Linn County authorities tracked Lenio's IP address and found him in Montana and also spoke to the suspect's father, who said he believed his son was mentally ill.

Lenio's alleged tweets, provided to TPM by Hutson, were rife with anti-Semitism and conspiracy mongering, as well as discussions of guns, his employment troubles and his own mental health issues.

“Best way to counter the harm #jewish #politics is causing is #ChapelHillShooting styling [sic] killing of #jews til they get the hint & leave," Lenio tweeted on Feb. 13.

Another, from Feb. 12: “USA needs a Hitler to rise to power and fix our #economy and i’m about ready to give my life to the cause or just shoot a bunch of #kikes…”

More than a dozen tweets provided by Hutson also appeared to [color:bca1=#color=#993300]threaten to open fire in a school.

“I bet I’d take out at least a whole #classroom & score 30+ if I put my mind to it," he tweeted on Valentine's Day. " #Poverty is making me want to kill folks #MentalHealth?”

Another: “I bet I could get at least 12 unarmed sitting ducks if I decide to go on a killing spree in a school. Sounds better than being a wage slave.”

Lenio also appeared to have published about 70 videos on YouTube under the alias "David Dave," in which he recorded more theories about gun rights, Jewish-controlled government, and "false flag" mass shootings and bombings (such as the Sandy Hook Elementary School shooting in Connecticut, which Lenio referred to as "Sandy Hoax").

In one of the videos, according to the Southern Poverty Law Center, Lenio waved a .32-caliber Caltech semi-automatic handgun on camera. He also recorded slam poetry and a video supporting "Ron Paul 2012."

In a court appearance on Thursday, Lenio shouted out “free Palestine” and told onlookers to visit his YouTube page and learn the "truth” about the 9/11 attacks and the 2011 shooting of former Rep. Gabrielle Giffords (D-AZ), according to the Beacon.

Lenio faces up to 20 years in prison and fines up to $50,000, the Beacon reported.

Two of his Twitter accounts, @PsychicDogTalks and @PyschicDogTalks2 [sic] have been suspended by Twitter for violating its terms of service, but @PsychicDogTalks3, created after his initial threats to Hutson, remains online.

His Twitter followers, and those he followed, included many white supremacist accounts. Here are screengrabs of the tweets provided to TPM by Hutson:








http://talkingpointsmemo.com/livewire/david-lenio-montana-threats-jews-children

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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sun Jun 07, 2015 2:54 am

amalgamy wrote:


As his surname appears...he's Finnish.


Whatever he is, he ain't one of us, and he is a plant. His physical features (though partially 'white' looking) remind me of a cross between the actors Jason Segel and Jake Gyllenthal, both jewish.


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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sun Jun 07, 2015 3:34 am

He also is not a 'Montana man'. It says he's originally from Grand Rapids, Michigan, and he moved to Kalispell, Montana a whole two months before he started shooting off his provocateur actions. Kalispell is a town known for having a large 'white nationalist' presence. In other words, the plant showed up to draw fire in that direction.


[...] The tweets also criticized Jewish political beliefs and said he hoped killings would drive them out of the country. He allegedly said if he ever went on a killing spree, he would first shoot a rabbi or a Jewish leader.

The tweets about school violence did not mention specific schools, according to police in Kalispell, the northern Montana city Lenio moved to less than two months ago.

Hutson, who lives near Washington, D.C., reported the account to Twitter and it was suspended. He said Lenio returned with a similar handle and quickly fired off 90 tweets and retweets.

"One of the first things he did was start connecting with other white supremacists," Hutson said.

Hutson contacted the FBI early Sunday and provided information gleaned from the Twitter accounts and YouTube videos. He sent screenshots of the tweets. Authorities subpoenaed Twitter for the IP address, he said.


[...]

Hutson said law enforcement officials told him Lenio admitted to authoring the tweets and said he did not intend to carry out the threats.

http://www.mlive.com/news/grand-rapids/index.ssf/2015/02/montana_threats.html

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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sun Jun 07, 2015 7:24 am

He might be a migrant worker, he might be on drugs, but he looks European. They are making an example out of a poor white who can't afford legal representation.
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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sun Jun 07, 2015 7:45 am

David joseph is a jewish plant , trying to infiltrate white nationalist communities , tweeting extreme rants to gain credibility and acceptance, either his plan backfired or the arrest is also part of building his credibility among the white nationalists in Montana.




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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sun Jun 07, 2015 2:09 pm

Swastikas on tombstones - oy vey
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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Sun Jun 07, 2015 6:35 pm

White nationalists are all Jew-infiltrated. Those camps are crawling with FBI informants. ADL & SPLC have their noses up the FBI's rectum. Jacob Judicial dealt with the issue surrounding Elohim City to slap down the Patriot Movement, because Jews were foreclosing western farms.
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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Mon Jun 08, 2015 7:36 am

The wacky young wannabe is in deeper do-do than he deserves. Going with the not-a-plant side on this one.
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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Mon Jun 08, 2015 9:06 am

puckatawk wrote:
The wacky young wannabe is in deeper do-do than he deserves.  Going with the not-a-plant side on this one.  

claiming to be a white natonalist and tweeting about how you would go on a shooting spree on a school only serves one purpose.
Making white nationalists look bad. and make every other american despise and distance themselves from anything the white nationalists stand for..

100% plant.. white people don't even think about shooting schoolchildren. The idea is simply appalling to them

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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Mon Jun 08, 2015 9:36 am

Vidarr wrote:
puckatawk wrote:
The wacky young wannabe is in deeper do-do than he deserves.  Going with the not-a-plant side on this one.  

claiming to be a white natonalist and tweeting about how you would go on a shooting spree on a school only serves one purpose.
Making white nationalists look bad. and make every other american despise and distance themselves from anything the white nationalists stand for..

100% plant.. white people don't even think about shooting schoolchildren. The idea is simply appalling to them


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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Mon Jun 08, 2015 8:07 pm

wag wrote:


you can trust Madeline hellbrigth to take blood libel to a whole other level.

bitch been baking a whole lot of cookies

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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Tue Jun 09, 2015 12:31 am

Vidarr:

"100% plant.. white people don't even think about shooting schoolchildren. The idea is simply appalling to them."


The idea is definitely appalling and this guy is maligned, but self sacrifice does not seem a likely part of some intended formula on his own part. Set up, perhaps, not an actor.
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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Tue Jun 09, 2015 10:55 am

puckatawk wrote:
Vidarr:

"100% plant.. white people don't even think about shooting schoolchildren. The idea is simply appalling to them."


The idea is definitely appalling and this guy is maligned, but self sacrifice does not seem a likely part of some intended formula on his own part.  Set up, perhaps, not an actor.  

Begs the question, what really happened to Adam Lanza?  Do we always trust the coroners report?  Would we immediately discredit a Tel Aviv siting?

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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Wed Jun 10, 2015 1:24 am

In the present case, political fallout from an actual hate speech conviction should be anticipated as not worth the exposure to wider resentment leading Team Z handlers to make him apologize publicly out of their great well of compassion. leaving him to still go down for threatening to shoot school kids, but it turns out Montana law doesn't take such banter seriously unless made against specific persons.

Six months, suspended sentence and loss of face, ie required psych treatment.
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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Mon Jun 15, 2015 4:38 am

Vidarr wrote:
claiming to be a white natonalist and tweeting about how you would go on a shooting spree on a school only serves one purpose.
Making white nationalists look bad. and make every other american despise and distance themselves from anything the white nationalists stand for..

100% plant.. white people don't even think about shooting schoolchildren. The idea is simply appalling to them

Exactly.

I see the inevitable double-edged sword issue here though, where people like us rightfully turn our backs on a fake like David Joseph Lenio -- but what happens when someone real gets arrested for some form of 'discriminatory intimidation', and then they smear him or her with something to make it look like they were criminal-minded/freaks (like they did to Edgar Steele, Curt Maynard, and others). So it's a tricky game and this one was maybe meant to test the waters to see how people like us (as well as the random public) would respond. The lesson is that every situation like this needs to be looked at by people like us on a case-by-case basis, rather than condemning someone off the bat based solely on information provided by media sources...

But in this case, the guy was threatening to shoot kids. He admitted it (the whole Breivik stick-to-the-story thing). As far as I and anybody else I know am concerned, kids are off limits, period. Every WN should know this. How could any WN believe in the '14 words', and at the same time sympathize with or trivialize the case of someone who threatened to shoot children? White children. Lenio says he made the statements to 'draw attention to the issues' - totally bogus.

After psychotic statements or actions are made, the damage is done as far as impressions go, regardless of 'claimed intent'. And the causes claimed gain only negative attention through guilt-by-association.

And then are people like us supposed to sympathize with this plant for supposedly being both 'white' and 'poor', and 'speaking our language', while making threats against kids? Again, bogus. More and more whites are struggling financially these days, and more and more are talking about 9/11, false flags, jewish rule, the holocaust, Israel, etc. It's like the shill just took all the general hot topics from our forum, then combined them with his jewy provocations. He even threw in the Gabby Giffords hoax and 'America needs a Hitler'. Too jew-perfect.

It reminds me of after the OKC Bombing when a certain sick sector of 'white nationalist' fools (shills?) talked about the bombing as a legitimate action, that killing kids in the Murrah Building was ok because it was a 'legitimate federal target' etc. All real revolutionaries knew that it was a given that kids are off limits, that no true militia members or otherwise would even think of such a thing, let alone condone it. Same happened after the Norway attacks, when that same sort of sick sector of WN tried to praise Breivik as a champion of whites with a 'legitimate grievance'. This is the same sort of trap.

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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Mon Jun 15, 2015 11:47 pm

What we are up against is indeed formidable, FJ.

But let's simplify: catch them in the act (lying) and prove it beyond any doubt. Make sure people hear and understand why they are lying. Point out *who* is lying too. No one bothers to identify the enemy and that is a huge part of the problem.

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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Tue Jun 16, 2015 2:49 am

OldTimes wrote:
What we are up against is indeed formidable, FJ.

But let's simplify:  catch them in the act (lying) and prove it beyond any doubt.  Make sure people hear and understand why they are lying.  Point out *who* is lying too.  No one bothers to identify the enemy and that is a huge part of the problem.

I admit, I had a lot to say with this one. Sometimes you have to wait a little while until the right words come. Then when they do, it's not always possible to be laconic...

I think jews just use variations on 'formulas' and know how to create setups off-the-cuff. They've had 100 years of modern practice (and longer) and now it's just standard operating procedure. When a formula for a setup doesn't work, there's always a backup plan. If they can't win their objective, they opt for confusion, mind games, and sabotage. When that doesn't work, they resort to force, to ruin. But then force and ruin lead to awakenings...

These svengalis are running out of variations. They're scraping around the bottom of their bags of tricks. They can only reach the bottom by getting exposed.

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PostSubject: Re: Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial   Thu Jun 18, 2015 10:03 pm

FrontierJustice wrote:
He also is not a 'Montana man'. It says he's originally from Grand Rapids, Michigan, and he moved to Kalispell, Montana a whole two months before he started shooting off his provocateur actions.

Turns out David Joseph Lenio started his provocateur actions as soon as he arrived in Kalispell, Montana

It was reported that Lenio had lived in Kalispell only two months before he was arrested. He was arrested on Feb. 16, and posted what seem to be his first comments about shooting up a school on December 30.


"Additionally, since the filing of the Information and Affidavit, the State has obtained additional evidence in this case. Following a search warrant from Twitter, the State learned Lenio posted several messages on Twitter in December 2014 in which he stated he wanted to conduct a shooting spree in a Kalispell, MT elementary school because of his economic situation. A selection of the messages includes the following statements:

Dec. 30, 2014: "I David Lenio am literally so indebted[&] #underpaid that I want to go on a sandy hoax style spree in a kalispell, MT elementary #school 2014"

Dec. 30, 2014: "Let's make national news, I david lenio know israel did 9/11 and I am so poor that I want to shoot up a kalispell Montana public school ... "

Dec. 30, 2014: "Seriously I think it would b hilarious if someone beat the sandy hoax school shooting spree high score in kalispell Montana cuz I'm too poor"

Dec. 30, 2014: "So let's see how long I can express desire to see a shooting spree in kalispell Montana school b4 I get attention."

Dec. 30, 2014: "I hope someone goes on a massive killing spree in kalispell school because I'm so poor I can't afford housing and don't care about your kids."


http://libertyfight.com/2015/David_Joseph_Lenio.html

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