from penny thomas to you.s and his response to you have been copied to me, please be aware that it been copied to me, please be aware thatitis been copied to me, please be aware that it is against process for investigators to reproach fujitsu employees directly for assistance with litigation issues —— approach fujitsu employees." in terms of garethjenkins, i think in your witness statement, you didn't really recall any... witness statement, you didn't really recall any- - -_ recall any... that's maybe once, twice maximum, _ recall any... that's maybe once, twice maximum, there - recall any... that's maybe once, twice maximum, there is - recall any... that's maybe once, | twice maximum, there is another e—mailfrom penny thomas twice maximum, there is another e—mail from penny thomas who explains why i contacted gareth jenkins directly. it was on the request of the criminal law team. normally everything would be done by the team in salford. there is an e—mailfrom penny thomas the team in salford. there is an e—m

, i think. _ to attend court, penny thomas, i think. and — to attend court, penny thomas, i think, and yes, that's right. the for arqs _ think, and she reran... yes, that's right. the for arqs and _ think, and she reran... yes, that's right. the for arqs and found - think, and she reran... yes, that's right. the for arqs and found that there was missing _ right. the for arqs and found that there was missing data. _ right. the for arqs and found that there was missing data. correct. l right. the for arqs and found that i there was missing data. correct. and so essentially — there was missing data. correct. and so essentially that _ there was missing data. correct. and so essentially that was _ there was missing data. correct. and so essentially that was by _ there was missing data. correct. and so essentially that was by chance. i so essentially that was by chance. you'll _ so essentially that was by chance. you'll make yes. the original employee had been able to attend court. _ employee had been able to attend court. this— employee had been able to attend court, this wouldn't have been

penny thomas, at fujitsu, do you recall penny thomas?s? yes. ., _, , ., ., ., yes. your copied into that e-mail. he sa 5, yes. your copied into that e-mail. he says. penny. — yes. your copied into that e-mail. he says, penny, can _ yes. your copied into that e-mail. he says, penny, can we _ yes. your copied into that e-mail. he says, penny, can we set i yes. your copied into that e-mail. he says, penny, can we set up i yes. your copied into that e-mail. he says, penny, can we set up a i he says, penny, can we set up a process for these requests because we are getting more and more of them? would you be able to provide them? would you be able to provide the information steve has requested? that is about the previous case. in 2010 and 2011, you were certainly aware of a body of cases relating to the horizon system that were building up, were you not? from that information. — building up, were you not? from that information, yes. _ building up, were you not? from that information, yes. as _ building up, were you not? from that information,

would you scroll up from penny thomas. would you scroll up please? _ from penny thomas.may 2007 to _ analysis of the data covering may 2007 to november 08 has been completed. 27 instances of concern were _ completed. 27 instances of concern were identified. they have been fully analysed and we can confirm that the _ fully analysed and we can confirm that the locking was caused by contention between the end of day process— contention between the end of day process and our riposte checkpoint being _ process and our riposte checkpoint being written. no transactions or balancing — being written. no transactions or balancing activities were affected. ithink— balancing activities were affected. i think that answers the first points— i think that answers the first points that we were looking at, whether— points that we were looking at, whether there had been a back check of the _ whether there had been a back check of the relevant period. but that is in relation — of the relevant period. but that is in relation to 195 arqs, not subject to data _ in relation to 195 arqs, not sub

i that penny thomas didn't discuss an issue such as this with you?- issue such as this with you?. now we saw that he received that draft statement - he received that draft statement earlier in your time at the post office, the draft proforma statement that we looked at. that was dated or sent to you on the 14th ofjuly. we are now on the 21st of july when this chain is being sent to you, so not that far after having received that statement... let's now go down too, back down to the parliamentary select committee, which is hearing evidence, has been hearing evidence from the solicitor who was representing many of the cases. we can now hear, this is alan bates, who has been representing many of the sub—postmasters and their quest forjustice. jo hamilton, x postmistress. their quest forjustice. jo - hamilton, x postmistress. thank their quest forjustice. jo _ hamilton, x postmistress. thank you ve much hamilton, x postmistress. thank you very much indeed. _ hamilton, x postmistress. thank you very much indeed. joe _ hamilton, x postmistress. thank you very much indeed. joe hamilton.

. >> brian: we heard from daniel penny's attorney thomas. >> we had chance to review transcripts of a know witnesses on the subway car and to the person, they used satanic, traumatizing, i thought i was going to die. it brought to life how terrorizing that was for anybody on the subway car. we think the mood in this city is very much in support of our client. so many people know what it is like if you take the subway to experience this situation. there is not always a savior like my client to step in. he's a marine, he knows what it is to serve. he is holding his head high, continuing with his studies. >> steve: the circumstances, he was, we were talking in the green room. after this happened, national news. it sounded like the da was not going to charge him. funny thing happened, there were protests and parades against him saying, you have to hold him accountable for murder and d.a. is charging him. this week new york city judge denied motion to dismiss because the grand jury had found there was reason to charge so the judge says they found reason, let's go to trial. >> ainsley: the

daniel penny's attorney, thomas kenneth joins us now with more.ood morning. >> steve: we will get to what happened this week in a minute. take us back to may. because it was a story that made national headlines. >> yeah. absolutely. you know, it was interesting. i remember when this story broke, i was actually on trial in manhattan on a completely unrelated matter. and i was on a break from trial and, you know, we had a recess and i saw that we got an email danny penny. i reached out to my partner call this guy back quickly because i read about this in the paper today. it was getting a lot of attention and seems like a real salient issue. is he a marine. my partner steve and i are both iraq war veteran. potentially some good synergy here. >> steve: what happens was he was riding the subway and this subway performer, i think they were calling him in the local press. he went on the train and reportedly he was threatening people. danny penny stepped in because he felt like he was a threat. and that's what these video -- that's what these video images

memorize it, he thought that in fredrik douglas words and that justice thomas later use, education is emancipation. he saved every penny he had even though he was oral delivery man to send justice thomas, young justice thomas to catholic school which he did third grade to 12th grade. he believed that was so important that he never let the boy miss a day of school. he said if you are acting dead i will take you to school for 3 days to make sure you actually are. i'm quoting justice thomas as i recount in thehe book is not toe enslave today the views that others will assign him but by his own views through study and education and those three things i think come back throughout justice thomas' career and shine through. >> your honor, i have to say sthis is a book about the law d it's about a book about justice thomas' juries prudencet and its about originalism and and everybody that i've seen interview has raised this point and i think it's because you did a really good job writing on this and the reason why i think it's so readable for nonlawyers is that you focused on the people involved in these cases. as alf reporter

thought that in frederick douglass his words and u work tt justice thomas later uses, education means emancipation. and so he save every penny he had even though he was an oil deliveryman, to send justice thomas, a young justice thomas and his brother to catholic schools, , which he did formerly third grade through 12th grade. and he believed that was so important, so much so that he never let the boys miss a day of school. and he said if you are acting dead or you are dead i will take you to school for three days to make sure that you actually are. that's how important he taught t school was. and the third thing he taught justice thomas, and encoding justice thomas as i recount in the book, is not to be enslaved to the views that others will assign him, but to find his own views through study and education. and those three things i think come back threat justice thomas' career and shine through. >> host: your honor, i have to say this is a book about a lot and it's a book about justice thomas is jurisprudence and it's about originalism, but it's exceedingly readable to nonlawyers. everybody i've seen interview you has raise