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JSRoman
Premium
join:2005-03-10
Callahan, FL


2 edits
reply to moonpuppy
Re: Wait for it.....

said by moonpuppy See Profile :

Some will be by shortly to say this was nothing more than a procedural error and this woman will still go to court.

What they fail to realize is that this could have further implications over how other places try to get information out of an ISP.
The police did get a subpoena and the lady is still screwed for being stupid.
--
»www.seabee.navy.mil

moonpuppy

join:2000-08-21
Glen Burnie, MD
Read the article, they got the WRONG type subpoena.

ANY evidence collected with that subpoena is now null and void.


dcurrey
Premium
join:2004-06-29
·ViaTalk

Yes but they can go back and get the correct subpoena.

''Suppression under the circumstances present here does not mean that the evidence is lost in its entirety. Comcast's records existed independently of the faulty process the police followed,'' Chief Justice Stuart Rabner wrote for the unanimous court. ''And, unlike a confession coerced from a defendant in violation of her constitutional rights, the record does not suggest that police conduct in this case in any way affected the records Comcast kept.

JSRoman
Premium
join:2005-03-10
Callahan, FL


1 edit
reply to moonpuppy
I read but you just jumped too soon. I said they got a subpoena not "they got the right subpoena". Most importantly "Cape May County Prosecutor Robert L. Taylor said his office will seek a grand jury subpoena and a new indictment."

I'm just wondering how much damage did this dumbass do to her boss that this is such a priority for prosecutor. I guess they are no murders or stolen cars up in Jersey.
--
»www.seabee.navy.mil


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Yeah, classic case of a minor deal being made into a major issue.


TScheisskopf
World News Trust

join:2005-02-13
Belvidere, NJ
·Sprint Broadband D..

Well, you get that in NJ. The fact is that there is a lot of prosecutors here with higher political aspirations(not all) because, at the end of the day, prosecutors can point to all the scalps they have taken, and that any infraction that has the possibility of a monetary sanction is pursued vigorously, since the state, counties and municipalities are in such dire financial straits. For instance, our traffic courts are money mills.

On the other hand, it would be nice to know what exactly this woman did to earn her such aggressive prosecutorial interest.

SilverSurfer

join:2007-08-19


1 edit
said by TScheisskopf See Profile :

[...]it would be nice to know what exactly this woman did to earn her such aggressive prosecutorial interest.
Let's follow the money...Plaintiff, Jersey Diesel, owned by one "Yank Marine" John C. Yank, Jr., who, according to his website, has been building & repairing vessels for 40 yrs. The guy sounds fairly entrenched in an industry to me... Translation: Entrenched = Monied. NJ prosecutor didn't need anymore incentive to make this case front & center. Money was enough, particularly if he was lining his nest in prep for a run at political office. This case does not surprise me one bit. It was less about Shirely Reid than it was about the prosecutor's political ambition and Mr. Yank's money.

BTW - the opinion linked to the Jersey site notes that "Timothy Wilson" is owner of Jersey Diesel. This is incorrect. Wilson created the company in 1989 with a partner, but has since sold the company and John Yank is owner as of July 2006.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·AT&T Yahoo
·AT&T DSL Service
·Cox HSI
·AT&T Southwest

reply to TScheisskopf
said by TScheisskopf See Profile :

On the other hand, it would be nice to know what exactly this woman did to earn her such aggressive prosecutorial interest.
She got into an argument with her boss, and while pissed off, she logged into a supplier's website for the business, and changed his password so he couldn't log in.

They are going after her under various computer crimes laws, but really, it's way overblown.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)

SilverSurfer

join:2007-08-19

said by KrK See Profile :

They are going after her under various computer crimes laws, but really, it's way overblown.
The prosecutor probably had visions of making Shirley Reid the new Kevin Mitnick.

wickedwarloc

join:2005-11-17
Brimfield, MA


1 edit
reply to KrK
Someone logged in to the vendor's site using the company ID/pwd, changing the shipping address and password before exiting. If Shirley Reid was authorized to use the account, I don't see how this is considered criminal. The vendor called her boss when they realized that the shipping address was fake (the same day). Resetting the password probably only took a couple minutes. The boss is assuming the woman did the deed but has no proof, except for the IP that the vendor logged. Second-degree computer theft (10yrs behind bars) for this? Insane!


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
reply to wickedwarloc
Re: Wait for it.....

Exactly. What a huge crime. Nail that economy destroying terrorist!



This shouldn't even be a criminal matter.
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