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new york's cannibal cock case is back in court on tuesday federal appeals court considering whether the online writings of former n. y. p. d. officer killed barreto valley were part of an actual criminal plot were simply the twisted but harmless fantasies of an extreme fetishist , now he was convicted in march two thousand thirteen a planning to kidnap cook and eat several women and even use an n. y. p. d. database were legally search for potential victims , the judge who oversaw the trial throughout his conviction and freed him after twenty one months in prison ruling valleys plants are probably never real now the office of manhattan u. s. attorney pre ferrara is asking the court of appeals to reinstate values conviction , where does reporter just faxes at the courthouse and says the panel of judges will need to parse fact from fiction you've actually made some plans that sounded very concrete you know this is the damn going to do it you fly in meet me and we're going to do it together , and those dates with , their evidence , why these plans , part of the , so there's there's not really any dispute about what he said online , %HESITATION one of the few areas in which the government the defense , agree on what he actually did there was this trip that he took to maryland where he had lunch with one of the women , about whom he had fantasized killing and eating on , and they characterize that is kind of a surveillance mission is that he went by her office to see where was i wonder where is the defense said no he was simply having lunch with her and it was natural for him to want to do that because she was we object at one of the spanish , feels open just one day after h. b. o. aired a documentary about valley called thought crimes , a case of the cannibal cop , explored whether someone can be convicted of a crime they didn't yet commit