Reynolds provides CD of documents, password-protected, and then asks for it back

Note: This article was written by ROBIN READER (612) and was originally published on her website Broken Arrow Forum on October 29, 2010, and reappears here on this blog with her permission.

At his deposition, Rep. Reynolds provided a CD to fulfill the requests to provide documents. The documents on the CD were password-protected. On 10/22/2010, Rep. Reynolds filed a motion asking for the CD to be returned. In the motion, he states:

1) The password protection was inadvertent;
2) Rep. Reynolds did not keep a copy of the information he provided;
3) Rep. Reynolds does not know the password;
4) Giving him back the CD will enable him to figure out his password.

1-3 are not very believable. Password protection requires a conscious effort; this doesn’t happen inadvertently. Pretending that he didn’t keep a copy is amateurish (Beth Snellgrove used that excuse), and playing dumb about the password is just embarrassing.

As for #4, how is getting the CD back going to help him figure out his password?

This does not look like an above-board attempt to provide the requested information. It looks like just more time- and money-wasting games from Rep. Reynolds. It seems likely that either there is information on the CD that he does not want the defendants to look at; or he provided the CD only to give the appearance that he was complying with the court order, and he never intended for them to actually be able to access any of the files.

Watchdog, indeed. We will see how sympathetic the judge is after Reynolds’ 9-month effort to avoid giving testimony or evidence.

Reynolds’ Motion to Produce CD – 10/22/2010

 Rep. Mike Reynolds’ Deposition – 9/29/2010

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