STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY IN THE MATTER OF A JOHN DOE PROCEEDING Case No. 10JD000007 AFFIDAVIT IN SUPPORT OF REQUEST FOR SEARCH WARRANTS - Wisconsin Statutes ?968.375 STATE OF WISCONSIN ss. OCT 2 0 MILWAUKEE COUNTY David E. Budde, being first duly sworn on oath, deposes and says INTRODUCTION 1. I am the Chief Investigator for the Milwaukee County District Attorney's Office. I submit this Affidavit to assist the John Doe Judge in the above-encaptioned proceeding. 2. With respect to my qualifications as a law enforcement officer, I incorporate by reference my August 6, 2010 Affidavit in Support of Request for Search Warrant Darlene Wink 11 2. 3. I also incorporate by reference all of the Applications, Affidavits, and other papers that have been submitted to the Court in these John Doe proceedings, especially those papers as noted in the paragraphs that follow. 4. This Affidavit is submitted in connection with a request for multiple search warrants relating to violations of Wisconsin Statutes 946.12, vr'z., Misconduct in Public Office, by Milwaukee County employee Timothy Russell of the Department of Health and Human Services (and formerly of the Milwaukee County Executive's Office). 5. _.The Search Warrants accompanying this Affidavit require the production of e-mails from e-mails accounts as follows: a. Additional e-mail accounts discovered by the investigation which appear to be controlled by Tim Russell; b. Accounts controlled by Kelly Rindfleisch, the current Deputy Chief of Staff in the Milwaukee County Executive's Office, which accounts are believed to contain evidence in the form of e-mails sent to and received by Tim Russell; and c. Accounts controlled by Tim Russell's roommate, Brian Pierick, which accounts are believed to have evidence of Tim Russel|'s political activity while Russell was serving as a Milwaukee County employee, all as described more fully in the following paragraphs. 6. The accompanying Search Warrants specifically concern the following e-mail accounts: a. tdrussell63@yahoo.com b. c. d. bpierick@yahoo.com e. f. scottforgov@gmail.com 7. I request that the Court authorize a search of certain premises owned, maintained, controlled or operated by the below-listed entities at the specified addresses doing business in this state within the meaning of Wisconsin Statute 968.375: a. Grnail 1600 Amphitheater Parkway Mountain View, California 94043 b. Yahoo! 701 First Avenue Sunnyvale, California 94089 These entities are "subject to service and execution of process from this state, if a person makes a contract with or engages in a terms of service agreement with any other person, whether or not the person is a resident of this state, and any part of the performance of the contract or provision of services takes place within this state on any occasion." PRESERVATION LETTERS 8. Attached hereto are Exhibits 1 thru 5, which are Preservation Letters that were sent to Yahoo! and Gmail. Exhibits 1 thru 5 were sent to these entities in order to preserve, for a period of 90 days, the records described above currently in their possession. A Preservation Letter was not sent for Pierick's Yahoo! account bpierick@yah.oo.corn. 9. I believe that all of the above-mentioned e--mail accounts are held by residents of the State of Wisconsin. a. tdrussell63@yahoo.com and i. I believe that both of these e-mail account addresses belong to, and are used by, Tim Russell. ii. I am informed by Candace Richards, the Interim Director of Milwaukee County Division of Human Resources, that Tim Russell has held the position of Housing Director of the Department of Health and Human Services since March 15, 2010. The Milwaukee County Department of Health and Human services is located at 1220 West Vliet Street, Milwaukee, Wisconsin. Prior to his position with the Department of Health and Human Services, Russell was the Deputy Chief of Staff in the Office of the Milwaukee County Executive. In the course of my investigation in this case, county desktop computers used by Tim Russell were seized pursuant to search warrants issued in this John Doe investigation. iv. A forensic examination of the computers was conducted by Jim Krueger, the Information Technology Manager of the Milwaukee County's District Attorney's Office. Krueger has indicated to me that as a result of forensic examination, he uncovered portions of Yahoo! messages authored by Russell under accounts and . and i. I believe that both of these e-mail accounts belong to, and are used by, the current County Executive Deputy Chief of Staff, Kelly Rindfleisch. ii. HR Director Candace Richards has informed me that Rindfleisch has held the position of Deputy Chief of Staff since January 13, 2010. Based on my experience with, and knowledge of, Milwaukee County government, I know that, in the course of her employment with Milwaukee County, Kelly Rindfleisch was assigned the county e-mail address A review of emails obtained via search warrant from Tim Russell's timrusseilwi@gmail.com account indicates that on numerous occasions, Rindfleisch forwards messages from her Milwaukee County email account to a private e-mail account at In turn, Ms. Rindfleisch the sends those messages on to additional parties, including Tim Russell and persons associated with the Scott Walker campaign. Kelly Rindfleisch also appears to be the recipient of a significant number of emails addressed to her from Russell and others at the e-mail address kmrindfleisch@gmail.com. Many of these e-mails were sent during presumptive business days, Monday through Friday between 8 am. and 5 p.m. In addition, my review of the e-mails contained in Tim Russell's account reveal that Russell received a number of e-mails from Kelly Rindfleisch using the address iv. Further, IT Manager Jim Krueger has also indicated to me that his forensic examination of Russell's Milwaukee County desktop computers revealed fragments of Yahoo! messages between Russell's Yahoo! accounts and Rindf|eisch's account. v. The Office of the Milwaukee County Executive is located at 901 North Street, Milwaukee, Wisconsin. All of this information leads me to believe these accounts, and were accessed from within the City and County of Milwaukee. c. bpierick@yahoo.com i. I believe that this account belongs to, and is used by, Brian Pierick, Tim Russell's roommate. ii. The same forensic analysis conducted by IT Manager Jim Krueger on Russe|l's county-issued desktop computers (that indicated email and chat messages between Russell and Rindfleisch) also revealed Yahoo! chat messages sent by Russell to Pierick at Pierick's bpierick@yahoo.com account. The substance of these messages is often political in nature and unrelated to Russell's position with the Milwaukee County Department of Health and Human Services. I believe Pierick is a resident of Milwaukee based upon my review of a Rental Application for 3360 South 54th Street, Milwaukee dated August 10, 2010 This application was located in an e-mail from the account. The application was signed by Brian Pierick. it lists Tim Russell as an "other resident" and provides a current address of 2031 North 49th Street, Milwaukee. According to City of Milwaukee Assessor data, the 2031 North 49th Street address is owned by Tim Russell. Finally, Wisconsin Department of Transportation records list Brian Pierick's residence as 2031 North 49th Street, Milwaukee, Wisconsin. d. scottforgov@gmail.com i. ScottForGov was a blog that, as its name suggested, was a pro--Scott Walker site. The nature and name of the blog -- standing alone -- suggest that the site was run by a Wisconsin resident. ii. The domain name associated with the site is Based upon my review of GoDaddy.com records produced for the e-mail account trussel@regentwi.com, I know that that domain name was paid for by Tim Russell, Brian Pierick's roommate. For the reasons stated in Section "Account scottforgov@gmail.com" at page 14 of this Affidavit, I believe there is a reasonable basis to believe that the blog was run by Brian Pierick, and consequently there is a reasonable basis to conclude that the e-mail account, scottforgov@gmail.com is controlled by Brian Pierick, a Milwaukee resident. OBJECTS OF THE SEARCH 10. I request that the Court issue warrants to search the above-listed premises for all records and information relation to violations of Wisconsin Statute ?946.12, viz. Misconduct in Public Office, for the time period since January 1, 2009. I submit that this time period is reasonably related to the current campaign season for the Office of the Governor. 11. Specifically, I request that the court authorize warrants to search the above-listed entities for the following information: a. Gmail records and information associated with the subscriber IDs scottforgov@gmail.com and kmrindfleisch@gmail.com; 12. b. Yahoo! records and information associated with the subscriber IDs trussell@yahoo.com, and bpierick@yahoo.com In the previous paragraph, I use the phrase "records and information" to mean: a. Subscriber names, user names, screen names, and other identities; b. Mailing addresses, residential addresses, business addresses, email addresses, telephone numbers, and other contact information; o. Billing records; d. Information about length of service and types of services the subscriber(s) or customer(s) used; e. Any other identifying information, whether such records are in electronic or other form; Connection logs and records of user activity for the subscriber(s), including log-in history and records identifying sent and received communications; g. All communication, including their content and attachments, stored in the account(s) of the subscriber(s); h. "Friends |ists", "buddy lists", or other similar compilations of personal Contact information; i. All files that are controlled by user accounts associated with the subscriber(s); and j. All records pertaining to communication between the above-listed providers and any person regarding the account, including contacts with support services and records of actions taken. PROBABLE CAUSE -- MISCONDUCT IN PUBLIC OFFICE - RUSSELL 13.1 specifically incorporate by reference the Probable Cause portion 14-18) and Exhibits A thru of my August 20, 2010 Affidavit in Support of Application for Search Warrants -- Information and Records Relating to Tim Russell. This information formed the basis for the Court's probable cause finding that Russell committed Misconduct in Public Office. Moreover, as set forth in the following paragraphs, the John Doe investigation continues to discover evidence of political activity by Tim Russell during regular Milwaukee County business hours. 14. In this regard, the John Doe judge previously authorized a ?968.375 Search Warrant for the Gmail account of timrussellwi@gmail.com. Records in connection with that warrant were delivered to the Milwaukee County District Attorney's Office on August 18, 2010. 15. investigator Robert Stelter of the District Attorney's Office examined e-mails from the timrussellwi@gmail.com account in combination with e-mails assembled from other accounts for which the John Doe judge has also authorized search warrants, viz, the Darlene Wink account and the Joe Fadness account Investigator Stelter advises that, for the time period of March 2010 to August 2010, he focused on e-mails between the hours of 8:00 a.m. and 5:00 p.m. by Tim Russell during days when Tim Russell was working as a county employee. Stelter identified about 100 e-mails which related to the campaign of Scott Walker and which had no apparent relationship to Russell's present job as the Housing Administrator for the Department of Health Human Services (from March 2010 to the present). 16. Further, investigator Stelter states that it is apparent -- from a review of these three e--mail accounts - that the timrussel|wi@gmail account is not complete and that e-mails have been deleted from the timrusse||wi@gmai| account. 17. The following paragraphs summarize e-mails which I myself have examined from among those obtained through the execution of this Gmail search warrant. 18. On Tuesday, March 30, 2010, at 9:00 AM CDT, an e-mail is sent from the Deputy Campaign Manager "Stephan Thompson to Tim Russell at Russe||'s Gmail account, it is part of a chain of e-mails exchanged between Russell and persons identified with the Walker gubernatorial campaign, including skw@scottwalker.org (Candidate Scott Walker), (Campaign Chair Keith Gilkes), and (Communications Director Jill Bader). These persons are all associated with the Scott Walker campaign.' Thompson's mail states: One other issue that would be helpful, is anything the County had to say about the Draft Environmental Impact Study on the Zoo Interchange done issued by the DOT in 2009. Russell forwards this message on Tuesday, March 30, 2010, at 9:09 AM CDT from his "timrusse||wi@gmail" account to Kelly Rindfleisch at the e-mail address "kmrindfleisch@gmail.com." He simply writes: Talk to me about this. These portions of the chain of e-mails are sent during the hours of 8:00 AM to 5:00 PM on a normal workday. Ceridian employee time records for Tim Russell indicate that he did not take any off time on March 30, 2010. See generally Exhibit 6. Based upon my review of e-mails in this investigation as well as my review of newspaper and Internet publications, I believe that Keith Gilkes is the Campaign Manager for the Scott Walker campaign. Stephan Thompson is the Deputy Campaign and Jill Bader is the Communications Director. 19. On Tuesday, March 30, 2010, at 11:38 AM CDT, an e-mail regarding a Milwaukee Journal Sentinel article "Transit projects a good use of funds" first published on June 15, 1998, is sent from Kelly Rindf|eisch's Milwaukee County e-mail account, to the account "kmrindfleisch@gmail.com." At 11:41 AM CDT on March 30, 2010, Rindfleisch forwards this e-mail from to JillB@scottwalker.org and Kelly Rindfleisch writes to Bader: Found this in the MJS archive. It's from when Scott was still in the Assembly. See Exhibit 7, page 2. Bader replies via e-mail to Rindfleisch at 11:46 AM CDT on March 30, 2010, stating: Great Kelly -- keep looking for this type of stuff. See Exhibit 7, page 2. Bader copies Tim Russell, Keith Gilkes and Stephan Thompson on this reply. These portions of the chain of e-mails are sent during the hours of 8:00 AM to 5:00 PM on a normal workday. Ceridian employee time records for Tim Russell indicate that he did not take any off time on March 30, 2010. 20. On Wednesday, March 31, 2010, possibly in the course of county business, Kelly Rindfleisch receives an e-mail from Ryan Hoel at the Southeastern Wisconsin Regional Planning Commission. It is an e-mail regarding a comparison of county and city centerline miles and traffic lane miles. Later that same day, at 3:44 PM CDT, Kelly Rindfleisch uses her Milwaukee County e-mail account, to send this e-mail to the account About four minutes later, at 3:48 PM CDT, Rindfleisch forwards this e-mail from to and timrussellwi@gmail.com. Ceridian employee time records for Tim Russell indicate that he did not take any off time on March 31, 2010. See Exhibit 8.. 10 21. On Thursday, April 8, 2010, at 10:48 AM CDT, an e-mail is sent from Jill Bader (JillB@scottwalker.org) to "Tom Nardelli" (known to me as the current Chief of Staff in the County Executive's Office), timrussellwi@gmail.com, krindfleisch@gmail.com, and gopfran@yahoo.com (identified in this investigation as Fran McLaughlin of the County Executive's office). See Exhibit 9. The subject of the e-mail is "Backgrounder" and Bader writes: Hello friends -- see below. Can we get some info on this? Thank you! See Exhibit 9. Preceding this e--mail in this thread is an e-mail from Keith Gilkes of Friends of Scott Walker to Jill Bader, in which Gilkes remarks: We should prep Scott for Park East Issues on April 15th as there wili be a joint Barrett/Walker event so press will be there -- see the blog post: See Exhibit 9. Ceridian employee time records for Tim Russell indicate that he took off time in the amount of four hours on April 8, 2010. 22. On Friday, April 16, 2010, at 3:18 PM CDT, Kelly Rindfleisch uses her county e-mail to forward an e-mail to her personal account, See Exhibit 10. A minute or two thereafter, this e--mail is forwarded to The e-mail contains a PDF attachment consisting of an eight--page memo dated March 2, 2010, from the Interim Director of the Transportation and Public Works, Jack Takerian, to County Supervisor Michael Mayo, the Chairman of the Transportation, Public Works, and Transit Committee. The subject of the PDF document is "Projected Program and Service Reductions for 10 additional floating furlough days." See Exhibit 10. These e-mails are sent during the hours of 8:00 AM to 5:00 PM on a normal workday. Ceridian employee time records for Tim Russell indicate that he did not take any off time on April 16, 2010. 11 PROBABLE CAUSE TO BELIEVE THESE E-MAILS ACCOUNTS ARE EVIDENCE OF A CRIME 23.! ask that the court authorize the search of these additional e-mail accounts identified above because I believe they will contain evidence Misconduct in Public Office. I submit that this evidence will be both relevant and valuable in this investigation for the following reasons. Accounts and trussell@yahoo.com 24.1 submit that these accounts, tdrussell63@yahoo.com and are Internet accounts controlled by Tim Russell and are not unlike the account. They were located during a search of a county desktop computers and, based upon a review of the e-mails in the timrussellwi@gmail.com account as discussed above, a reasonable and well founded basis exists to believe that these accounts will contain further evidence of political communications between Tim Russell and others. Accounts and kmrindfleisch@gmail.com 25. submit that these Rindfleisch accounts, and will contain evidence of Tim Russell's misconduct for the following reasons: a. These email records will corroborate other existing e-mail evidence in this case; b. White e-mail accounts will often contain many e-mails dating back over months or even years, it is entirely probable that (as I am advised by IT Manager Jim Krueger) over time a user can delete "without a trace" some e-mail held in accounts that are hosted by a provider of electronic communication services. That is to say that e-mails may not be found in because they have been deleted, but such e-mails may remain in the Rindfteisch. 12 c. A review of the e-mail threads in this investigation suggest that a number of potentially relevant e-mails have been deleted from the timrussellwi Gmail inbox. Evidence from the Rindfleisch accounts will either tend to establish the completeness of the email evidence thus far collected, or it will provide additional evidence of otherwise deleted e-mails. In either event, the evidence from these e- mail accounts will be relevant and valuable. Account bpierick@yahoo.com and 26. The account moniker bpierick@yahoe.com does not appear in the e-mails per se. Indeed, as noted above, a forensic examination of Tim Russell's county desktop computer developed email and chat messages between Russell and a user identified as bpierick@yahoo.con1. 27. Even though the e-mail address bpierick@ya11oo.com does not appear in the timrusseilwi@gmai1.com e-mails, the name "bpierick" at the domains of regentwi.com and maxwellattorneyscom bpiericck@maxwe1lattomeyscom) appears with regularity throughout the timrussellwi@gmail.com account. 28. Investigator Stelter advises that, based on his review of timmsse11wi@gmai1.co1n e-mails, Brian Pierick appears to have worked with Tim Russell to provide campaign related research. Russell would receive this research from Pierick during county business hours and Russell would routinely forward these emails to campaign personnel, including Scott Walker, during normal county business hours. 29. Given the fact that Brian Pierick and Tim Russell are roommates and given the fact that Brian Pierick uses the account name "bpiericl<," I would respectfully submit that there is a probable cause basis to believe that the account bpierick@yahoo.con1 will contain 13 evidence of politically themed communications during county work hours between Brian Pierick and Tim Russell. Account scottforgov@gmail.com 30. From about August 2009 until May 2010, a blog known as ScottForGov was active at the URL of a domain name paid for by Tim Russell. 31. I am advised by Investigator Robert Stelter that, in about fifty different e-mails in the account taken as a whole, there is a reference to ScottForGov. 32. I am further advised by Investigator Stelter that, in about half of those fifty e-mails, the exact address scottforgov@gmail.com appears in one form or another. In some of these e--mai|s, it is apparent that the person who runs the blog, scottforgov, is sending information on the blog using the e-mail address Many of these e- mails are sent from scottforgov@gmail.com to during the normal working day. 33. Based upon the following e-mail sent on August 17, 2009, I believe that is in fact Brian Pierick. From: To: Brian Pierick Subject: Fw: question Date: Monday, August 17, 2009 11:10:25 AM Approved. --Original From: Scott Walker To: Tim Russell Rep|yTo: Scott Waiker Sent: Aug 17, 2009 11:09 AM Subject: Re: question No prob --Original From: Tim Russell -- new To: Sent: Aug 16, 2009 12:16 PM Subject: question Given the (apparent) success of the retiredoyie.blogspot.com biog, 14 the author is looking for a new method of advancing his cause. He is planning to switch over to scottforgov.blogspot.com (obviously playing on the markforgov.com site of neumann) unless you have any objection to the name. Sent via B|ackBerry by The "Brian Pierick" in the above email is bpierick@regentwi.com. The e-mail above also shows Scott Walker's approval for the blog ScottForGov. 34. Investigator Stelter further advises that two e-mails forwarded to Tim Russell are addressed to "ScottForGov" and are from a person named Aaron Rodriguez. Each of these emails, one dated January 10, 2010 and one dated February 9, 2010, are addressed to "Brian." A portion of the January 10, 2010 e-mail is printed below. Begin forwarded message: From: "ScottForGov" Date: January 10, 2010 12:01:45 PM CST To: Subject: FW: Important message From "The Hispanic Conservative" From: Aaron Rodriguez Sent: Sunday, January 10, 2010 11:42 AM To: 'ScottForGov' Subject: Important message Brian, Please thank Scott for the memorandum he signed for my grandmother's death. When our pastor (her son) announced that our County Executive had signed the citation, you should have heard the collective sigh of our church. 1,300 people were in attendance last night for the funeral, and it sent a positive message to our family and congregation what sort of man he is. Thanks --Aaron 35. For these reasons, as well as all the reasons mentioned above concerning otherwise deleted e--mai|s not recoverable from the account, I respectfully submit that the e-mail account scottforgov@gmail.com will contain evidence of Tim Russe||'s political activity during county business hours. TECHNICAL BACKGROUND Gmail and Yahoo! 36. For the above stated reasons, emails associated with the accounts scottforgov@gmail.com, 15 and bpierick@yahoo.com are of interest to this John Doe investigation. With respect to how Gmail and Yahoo! function as an email provider, I specifically incorporate by reference the Affidavits of IT Manager James Krueger dated June 28, 2010 and July 1, 2010 submitted in support of previous Search Warrants for Gmail and Yahoo! mail. 37. I am further informed by Krueger that at sites like Yahoo! and Gmail it is common for account subscribers to maintain a "buddy list" or "friends list" that is in essence a personal directory of contact information not unlike an address book. CONCLUSION 38. Based on my training and experience, and the facts set forth in this affidavit, I submit that there is probable cause to believe that, on the computer systems of the above- mentioned e-mail providers, there exists evidence of a crime. Accordingly, a search warrant is requested. 39. Pursuant to Wisconsin Statute the presence of a law enforcement office is not required for service or execution of this warrant. Dated this dday of October 2010. ub cribed and sworn to before me 'd E.B dd at ilwaukeafiwisconsin aw Chief Investigator this Of 0Cl0b 2010- Milwaukee County District Attorney's Office (1 Notary Public, State of Wisconsin My commission is permanent. 16 OFFICE OF THE DISTRICT ATTORNEY 9|/lzfwauliee County JOHN T. CHISHOLM District Attorney Chief Deputy Kent L. Lovern, Deputies James J. Martin, Patrick J. Kenney, Lovell Johnson, Jr., Jeffrey J. Altenlaurg August 26, 2010 VIA TELEFAX ONLY AT (403) 349-7941 Compliance Team Yahoo! inc. 701 First Avenue Sunnyvale, California 94039 . Re: In the Matter of John Doe Proceedings, Case No. ?/rm 9' 1-IBSR134 Dear Custodian of Records: This letter serves as a formal request for the preservation of records and other evidence pursuant to 18 U.S.C. 2703(t) pending fu'rther legal process. For the Yahoo! subscriber ID: tdrussell63@yahoo.co1n you are hereby requested to preserve, for a period of 90 days, the records described below currently in your possession. This request applies only retrospectively. It does not in any way obligate Yahoo! to capture a11d preserve new information that arises after the date of this request. This preservation request specifically applies to all records and other evidence relating to the subscriber(s), customer(s), account holder(s), or other entity(ies) associated with the- subscriber(s) identified above, including, without limitation: 0 Subscriber names, user names, screen names, or other identities; Mailing addresses, residential addresses, business addresses, email addresses, telephone numbers, and other contact information; 0 Billing records; 0 Information about_ length of service and the types of services the subscriber(s) or customer(s) used; 0 Any other identifying information, whether such records are in electronic or other form; 0 Connection logs and records of user activity for the subscribcr(s) identified above, including log-in history and records identifying sent and received communications; All communications stored in the account(s) of the subscriber(s) identified above; and 0 All files that-are controlled by user accounts associated with the subscriber(s) identified above." At this time we are expecting to obtain formal legal process within 90 days. We acknowledge that if we do not serve legal process upon you in the next 90 days and do not request a 90-day extension, the preserved information may no longer be available. Thank you for your cooperation. You may reach the attorney directly handling this matter, Hanna R. Kolberg, at (414) 278-4301, or alternatively hanua.kolberg@da.wi.gov if you have any questions concerning this request. Hanna R. Kolberg Assistant District Attorney Very truly yours, EXHIBIT SAFETY BLDG., RM. 405, 821 W. STATE STREET, MILWAUKEE, WI 53233-1485 - PHONE: 414'278-4646 FAX: 414-223-1955 6. Storm Horn'-an A. G-am H. Gama! Hark S. lfifiam John H. S-tad:-H Thomas Potter Felix R;yI.n.1 Usarafla mom Hmtlaester xernah n. aag \'r'aman D. at: Timlirf J. Coitu C-ltd Gefnr Gurney Slum V. Llcela End Votpahl Pad 5. ft": Prqfis M. De-Carva3'n Hug:-r; Bmca 3. Lmagru ms J. my David I4. lemnn Jane! C. hou?emcr L. Panda A. Mcfismm Irma E. Pulmu men A. loebd Mary M. Katina It. Sam-x Jeflrer P. C-c:pg Daniel J. Gab'-er K. ArJ.hc-er; Ant lficciau D. Loeb Ef-n Kauhm Luqr Hkhad J. Paul H. Hauer sara Beth Mm: Hall Jaw was one N. Stern! Armada I-when 6. Pu.r:.0a.r1a.11 Jetem'-a-'i C. Van Had>> Edward Vlright Randy Siuberper Jam 1468 R134 OFFICE OF THE DISTRICT ATTORNEY 9|/lzfwauliee County JOHN T. CHISHOLM District Attorney Chief Deputy Kent L. Lovem, Deputies James J. Martin, Patrick J. I-(ennev, Lovell Johnson, Jr., Jeffrey J. Altenburg August 26, 2010 VIA TELEFAX ONLY AT (403) 349-7941 Compliance Team Yahoo! Inc. 701 First Avenue Sunnyvale, California 94089 Re: In the Matter of John Doe Proceedings, Case No. Dear Custodian of Records: This letter serves as a formal request for the preservation of records and other evidence pursuant to l8 U.S.C. 2703(f) pending further legal process. For the Yahoo! subscriber ID: trussell@yahoo.com you are hereby requested to preserve, for a period of 90 days, the records described below currently in your possession. This request applies only retrospectively. It does not in any way obligate Yahoo! to capture and preserve new information that arises after the date of this request. This preservation request specifically applies to all records and other evidence relating to the subscriber(s), customer(s), account holder(s), or other entity(ics) associated with the subscriber(s) identified above, including, without limitation: Subscriber names, user names, screen names, or other identities; Mailing addresses, residential addresses, business addresses, email addresses, telephone numbers, and other contact information; Billing records; Information about length of service and the types of services the subscriber(s) 01' . customer(s) used; - Any other identifying information, whether such records are in electronic or other form; Connection logs and records of user activity for the subscriber(s) identified above, including log-in history and records identifying sent and received communications; All communications stored in the account(s) of the subscriber(s) identified above; and All files that are controlled by user accounts associated with the subscriber(s) identified above. At this time we are expecting to obtain formal legal process within 90 days. We acknowledge that if we do not serve legal process upon you in the next 90 days and do not. request a 90-day extension, the preserved information may no longer be available. Thank you for your cooperation. You may reach the attorney directly handling this matter," Hanna R. Kolberg, at (414) 278-4301 or alternatively hanna.kolber tr da.wi. ov_ if you have any questions concerning this request. Very truly yours, In - 5:2/zzt/man" Hanna R. Kolberg EXHIBIT 1 Assistant District Attorney HRK/hrk SAFETY BLDG., RM. 405, 821 W. STATE STREET, MILWAUKEE, WI 53233-1485 PHONE: 414-278-4646 FAX: 414-223-1955 G. Siiawr Wfiem J. Donald 5. Jackson Gate 0. Shalon Gary D. Dar/d Relics 6. Bram Norman A. G311 512.151 H. durm Hart 5. John ll Stet.-at Thoma: I.. Potter Drid Fens Rayam (hr-d'u' Card: Ken-1311 Ben; Wamn 0. lie: Cotter cam: Berry czeo-re, Ste-am V. Llcaia E-rad Wxpahl Pad Hnfi-s H. batman Dennis P. Murphy Bruce J. Larx$}tal Denis J. Sthi Dafd H. la-mm Jane: C. Pretuiveaicz Darn l. Heard Patricia A. Htfionn irene E. Pan1.bu'n Mien-nan Hera: Jersnfier K. Rho-fies can 5-Lsrirug Zach whine-1 Lucy Xrc-nil:-uri. Mi-dud J. tonsil Paul H. Hams Sara Beth Aaron E. H21 spies David N. 51:92! Armand-3 Beommh Wesson Renae Haiti Kiri P. I-byes Jess!-ta zeta-3 Bo-3: Bunch Jacob A. Heather H. Hana-it _P-scan H. a. H1.-fi1 Sarah El:-ea-re Dar C. Odcm Hams-1 A arrest Urista-ptm flarntlamre Ila-and E. Same: Jennie: l. H1.-ssm Panda 1. Ourgfituy Hams: 1. tteghsn C. Urvisarg Jon lfld?h Ara H. Itome.'o Brlaurl ?c{er ll. Tarpuhis tutu-mu I3. PL-th-.-rhiun Jerem'a'h C. Van He-dr.e Edmro Rudy 'subset: Ker,-n E. adfng Rxhofas 0. M13301 Shlmabtfitu Coughs R. Hutfin raw; ll. Delss F.rderrA. I-I. Sdnfi (hie E. Trrnaco Francesco ct more use OF THE DISTRICT ATTORNEY 9i/lzfwauliee County JOHN T. CHISHOLM - District Attorney Chief Deputy Kent L. Lovem, Deputies James J. Martin, Patrick J. Kenney, Lovell Johnson, Jr., Jeffrey J. Alteiiburg August 25, 2010 VIA TELEFAX ONLY AT (408) 349-7941 Compliance Team Yahoo! Inc. "Very truly yours, a an- 701 First Avenue Sunnyvale, California 94089 Re: In the Matter of John Doe Proceedings, Case No. Dear Custodian of Records: This letter serves as a formal request for the_ preservation of records and other evidence pursuant to 18 U.S.C. ?2703(t) pending further legal process. For the Yahoo! subscriber ID: you are hereby requested to preserve, for a period of 90 days, the records described below currently in your possession. This request applies only retrospectively. it does not in any way obligate Yahoo! to capture and preserve new information that arises after the date of this request. This preservation' request specifically applies to all recordsand other evidence relating to the subseriber(s), eustomer(s), account holder(s), or other entity(ies) associated with the subscriber(s) identified above, including, without limitation: 0 Subscriber names, user names, screen names, or other identities; 0 Mailing addresses, residential addresses, business addresses, email addresses, telephone numbers, and other contact information; 0 Billing records; 0 Information about length of service and the types of services the subscriber(s or customer(s) used; . 0 Any other identifying information, whether such records are in electronic or other form; Connection logs and records of user activity for the subscriber(s) identified above, including log--in history and records identifying sent and received communications; 0 All communications stored in the account(s) of the subscriber(s) identified above;-and 0 All files that are controlled by user accounts associated with the subscriber(s) identified above. At this time we are expecting to obtain formal legal process within 90 days. We acknowledge that if we do not serve legal process upon you in the next 90 days and do not request a 90-day extension, the preserved information may no longer be available. Thank you for your cooperation. You may reach the attorney directly handling this matter, Hanna R. Kolberg, at (414) 278-4301, or alternatively if you have any questions concerning this request. 1, . - . Hanna R. Kolberg Assistant District Attorney HRK/hrk SAFETY BLDG., RM. 405, 821 W. STATE STREET, MILWAUKEE, WI 53233-1485 414-772.4545 FAX: 414-223-1955 Da-rid N. Jmelc. DeAm 1.. He: Patrldifi. l-'lcfio-run liera E. Parttum Karen A. Rmalds. Dag.-9 Led 5. mat!-an xukr: GEM: Ha-riao-:-rm James W. Km 3. Bentley Jan:-es C. emu cm: 1. Stephan Eduard Iietzo II-ms Jenrilet Pai.r'n5I I. Hlrliss-a Santiago ikdun (L u-urban ion Neda-in AM it. Romero Brl-tn Mu H. Hsttivew G. Puhihian Jae-Tull C. Van Iiedue Edward L. 41:, OFFICE OF THE DISTRICT ATTORNEY County JOHN T. CHISHOLM - District Attorney Chief Deputy Kent 1.. Lovern, Deputies James J. Martin, Patrick J. Kenney, Lovell Johnson, Jr., Jeffrey J. Altenburg August 24, 2010 - VIA TELEFAX ONLY AT (650) 249-3429 Google Legal Investigations Support 1600 Amphitheatre Parkway Mountain View, CA 94043 Re: In the Matter of John Doe Proceedings, Case No. Dear Custodian of Records: This letter serves as a formal request for the preservation of records and other evidence pursuant to 18 U.S.C. ?2'703(f) pending further legal process. For the Gmail subscriber ID: you are hereby requested to preserve, for a period of 90 days, the records described below currently in your possession. This request applies only retrospectively. It does not in any way obligate Gmail to capture and preserve new information that arises after the date of this request. This preservation request specifically applies to all records and other evidence relating to the subscriber(s), customer(s), account holder(s), or other entity(ies) associated with the subscriber(s) identified above, including, without limitation: Subscriber names, user names, screen names, or other identities; Mailing addresses, residential addresses, business addresses, email addresses, telephone numbers, and other-contact information; Billing records; Information about length of service and the types of services the subscriber(s) or customer(s) used; Any other identifying information, whether such records are in electronic or other form; Connection logs and records of user activity for the subseriber(s) identified above, including log-in histoiy and records identifying sent and received communications; All communications stored in the account(s) of the subscriber(s) identified above; and All files that are controlled by user accounts associated with the subscriber(s) identified above. At this time we are expecting to obtain fonnal legal process within 90 days. We acknowledge that if we do not serve legal process upon you in the next 90 days and do not request a 90-day extension, the preserved information may no longer be available. Thank you for your cooperation. You may reach the attorney directly handling this matter, Hanna R. Kolberg, at (414) 278-4301, or alternatively hanna.kolberg@da.wi.gov if you have any questions' concerning this request. SAFETY BLDG., RM. 405, 821 W. STATE STREEF, MILWAUKEE, WI 53233-1485 Very truly yours, t.lbbl?S' Hanna R. Kolberg Assistant District Attorney HRK/hrk < Date: March 30, 2010 9:00:49 AM CDT To: "Tim Russell" Subject: Re: 10/2006 City to fight Zoo Interchange timetable Page 1 of 5 One other issue that would be helpful, is anything the County had to say about the Draft Environmental Impact Study on the Zoo Interchange done issued by the DOT in 2009. Original Message From: Tim Russell To: Sent: Tuesday, March 30, 2010 6:05 AM Subject: Re: 10/2006 City to fight Zoo Interchange timetable this a1n Sent from my iPhone past several years? The sooner, the better (if they exist) From: Sent: Monday, March 29, 2010 10:16 PM To: Jill Bader; RJ Johnson; Keith Gilkes Cc: Stephan Thompson; Tim Russell - new 10/18/2010 Cc: RJ Johnson Keith Gilkes Stephan Thompson It would be helpful to get any and all "proactive" statements, emails, op eds, etc etc from your CE office. Barrett keeps saying "you did nothing about the zoo interchange" but if we have a list of (even one line quotes) from your CE weekly updates, or statements, etc etc that would be. really great. Do you think Fran has them? How did you categorize your stuff the Subject: Re: 10/2006 City to fight Zoo Interchange timetable The answer to how it was categorized is not well. I will get on this one first thing 011 Mar 29, 2010, at 10:17 PM, "Jill Bader" wrote: EXHIBIT la Page 2 of We should get the SEWRPC report I voted for in April of 2003 (story from Villa). As I recall, it talked about working on freeway capacity in all directions - north, south and west (which included the Zoo Interchange). Sent from my Verizon Wireless BlackBer1y From: Date: Tue, 30 Mar 2010 03:04:21 +0000 To: Jill RJ Keith Cc: Stephan Tim Russell - Subject: Re: 10/2006 City to fight Zoo Interchange timetable .We should get this to talk radio and other media. Sent fi'om my Verizon Wireless BlackBer1y From: "Jill Bader" Date: Mon, 29 Mar 2010 13:47:55 -0500 To: 'rj Jo11nson' :I/milwaukeebizioum at s. com/miiwaukee/stories/200 6/ 10/3 0/storv3 .htm1 Friday, October 27, 2006 City to fight Zoo Interchange timetable The Business ournal of Miiwairkee by Pete Millard SEND THIS STORY TO A FRIEND Email address of friend (insert comma between multiple addresses): Your email address: Add a brief note: Enter words from the security image above: Get new image image verificationA1i(iio verification 1 Milwaukee city officials, citing environmental concerns, want to put the brakes on the fast--track schedule for reconstructing the Zoo Interchange. Patrick Curley, Milwaukee Mayor Tom Barrett's chief of staff, is pushing the Wisconsin Department of Transportation to complete a full environmental impact study of the project instead of an abbreviated environmental assessment. DOT Secretary Frank Busalacchi said his department has proposed an environmental assessment for the Zoo Interchange because it requires less time to complete than an environmental impact study. The assessment takes about three months; an impact study, about nine months. project of this magnitude that affects several neighborhoods demands a thorough environmental review," Curley said. - Under a full environmental impact study, the state would review the project's impact on air and water near the roadway, a process that includes health and economic development assessments. An environmental assessment looks mainly at air and water issues. .Busala'cehi disclosed the timeline when announcing the fast--tracking of 10/18/2010 Page 4 of 5 the project on Sept. _18. Gov. Jim Doyle, if he is re--e1ected in November, will include a request for $30 million in the biennium budget to complete preliminary engineering studies for rebuilding the interchange at the junction of U.S. Highway 45 and Interstates 94 and 894. The project could cost up to $500 million. Milwaukee Ald. Michael Murphy and several Milwaukee neighborhood groups also oppose the fast-track plan. Neighborhood activists fear the DOT will circurnventpublic involvement in the project and not take into account homeowners and businesses affected by construction. Murphy, who represents the district most affected by the project, could not be reached for comment. "Just because Busalacchi and Waukesha Republicans want this done quickly doesn't mean we take shortcuts," Curley said. "Too early DOT spokesman Brian Manthey said concerns about the environmental impact study and the public hearing process are premature. "'It's too early to jump to conclusions," he said. "Nothing has been ruled out. The DOT's preliminary engineering study will look at the environmental and traffic impact of adding lanes and ramps to the interchange. The project also will improve the on--off ramps at Watertown Plank Road, South 84th Street, West Greenfield Avenue and Highway 100. Improvements are also planned for major streets near the interchange, including North Mayfair Road, West Wisconsin Avenue and West Blue Mound Road. The Southeastern Wisconsin Regional Planning Commission has judged the Zoo Interchange as the most congested traffic corridor in the "Milwaukee area and recommends adding two lanes in all directions. The Zoo Interchange work is back on the DOT radar screen because of continued economic development at the Milwaukee County Research Park, the Milwaukee Regional Medical Center and Mayfair Mall, state "officials said. The project could start by 2012. Milwaukee officials are insensitive to the building boom that is under way in the area around the interchange, Curley said. Page 5. of 5 "We think more public transit options ought to be part of the transportation plan to relieve congestion," he said. Increased transportation funding for public transit as a means to alleviate some of the traffic around the Zoo Interchange is a matter for the Legis1ature,_not DOT, Manthey said. 10/18/2010 Page 1 of 3 Kolberg, Hanna From: Jill Bader Sent: Wednesday, March 31, 2010 5:34 PM To: 'Kelly Rindfleisch'; 'Tim Russell'; 'keith'; 'rj Johnson'; 'Stephan Thompson' Subject: RE: EXHIBIT Follow Up Flag: Follow up Flag Status: Green Is there any problem with me using this doc I may not have the backstory on? From: Kelly Rindfleisch Sent: Tuesday, March 30, 2010 12:27 PM To: 'Tim Russell'; 'keith',', 'rj Johnson'; 'Stephan Thompson' Subject: RE: Milwaukee Journal Sentinel Parkway delay angers officials Cudahy, St. Francis mayors say GOP move threatens development Tom Heinen Published: June 20, Political and business leaders in Cudahy and St. Francis were angered Monday by Assembly GOP budget recommendations that included a-one-year delay in completing the long--awaited Lake Parkway. Characterizing the parkway as a key to economic development, they said some area businesses already had made important decisions as a result of promises made by Gov. Tommy Thompson and other state officials. don't think it speaks well for the present administration or the Republican leadership of the Legislature," Cudahy Mayor Raymond Glowacki said. believe the moneys are there. This Lake Parkway isn't something that has come out of the blue sky in the last couple of years. really felt that the coming of the parkway could be an absolute renaissance for the southeastern part of the county. We have had businesses that have expanded on the promise of the Lake Parkway. For us to take a hit such as this, I really believe this is not good for Milwaukee, St. Francis or Cudahy." The parkway would link downtown Milwaukee with the southeastern suburbs by carrying traffic from the southern end of the Hoan Bridge to E. Layton Ave. Plans to widen Ave. south of Layton also would be delayed as part of a budget proposal worked out last week by members of the Republican caucus, according to Rep. Scott Walker (R--Wauwatosa). Details of the plan were released Monday. Walker said caucus members were aware of the economic impact of their decision on the two communities but had to weigh other considerations. A major decision was that they had few options for saving money and could not delay majo_r road work on the Interstate 94 east-west corridor more than one year. Any longer delay in that project would have forced the state to put weight restrictions on trucks using the Zoo Interchange, he said. The Lake Parkway was among the projects selected for a delay primarily because it was not on the Department of Transportation's |ong--term transportation and safety list, Walker said. The east-west corridor involved safety concerns as well as significant economic ramifications, he noted. Work on the 3.5--mile parkway has been under way for some time. Contracts for two other major parts of the project the parkway interchanges at Howard Ave. and Carferry Drive will be awarded this week using money in the current budget, transportation officials said. When those are awarded, nearly half of the project's estimated $110 million cost will have been spent. - Existing plans call for the parkway to be completed by late 1998. So far, the project is on schedule, according to Tom Longtin, the Transportation Department's project manager, and his supervisor, Ron 10/18/2010 Page 2 of 3 Felsner. Because of inflation, each year the project is deiayed will add about 3% to the remaining costs, Felsner and Longtin said. A year's delay also wouid jeopardize a one-year agreement, effective July 1, between locai railroads over shared use of track leading to the Port of Milwaukee. It took five years for the state to get the competing raiiroads to agree to share track while portions of track are torn up and rerouted for the parkway. The railroads use track for access to the port and for assembling freight trains. An Area Cut Off David Stawski, president of the St. Francis Association of Commerce, said the parkway would help provide better access to the southeastern part of the county, which has suffered because of a lack of major_riorth--south and east--west iinks with Milwaukee and the freeway. He found any delay troubling. "This project is critical to us," Stawski said. "in my opinion, this project was signed, sealed and delivered, and now has become something of a political football. Copyright 1995 Journal Sentinel Inc. From: Jiligader .. Sent:'Tuesday, March 30, 2010 11:46 AM To: 'Kelly Rindfleisch'; Tim Russell'; 'i