The City of Troy, New York, "Where Henry Hudson Turned Around."

Wednesday, October 21, 2015

TWO WEEKS TO GO



It is now time to take down our 911 Countdown Clock. With just two weeks to go the citizens of Troy now have access to the Gordon 911 call. If you recall, on July 16, 2015, Troy Police responded to a 911 call from the home of GOP mayoral candidate and District 1 Councilman Jim Gordon. The call was placed by the councilman's wife. Police responded and no arrests were made.

Gordon's response one day after the event was: "It was just an argument," said Gordon, a council member who represents the 1st District on the City Council. "It wasn't anything serious," Gordon said. Gordon said his wife called police, then regretted it. She could not be reached."

A copy of the recording can be heard here, in the Brendan Lyons story. We will leave it to the readers to decide if the recording comports with Mr. Gordon's version of events and what, if any, relevance it has for someone that seeks elective office. We asked Mr. Gordon to consent to the release of the tape. We felt that was the only way it would ever be heard. Unfortunately, Mr. Gordon did not seek to have the tape released. Someone took matters into their own hands.

This afternoon, the Gordon's met with District Attorney Joel Abelove. He referred them to the Sheriff's Office who, in turn, sent them to the Troy Police Department.

WAS A CRIME COMMITTED?

There are a number of questions that come to mind after reading the various articles. First, should Gordon have been charged with a crime? Specifically, Penal Law 135.05: Unlawful Imprisonment in the 2nd Degree.

1. The  defendant restricted victim's movements in such manner as to interfere
substantially with his/ her liberty by moving him/ her from one place to another, or by confining him/her either in the place where the restriction commenced or in a place to which he/she had been moved;

2.  That the defendant did so with out consent  of the victim;

3.  That the defendant did so intentionally; and

4.  That the restriction of  movements was unlawful, and the defendant knew that the restriction
was unlawful.

A violation of this statute is a misdemeanor.

Just saying. Perhaps there is enough there for a charge.

MISC. QUESTIONS

The audio of the 911 call. Does it looks as if someone used the video feature of their phone with the phone placed up against a speaker to capture the audio? Just our surmise.

Third, when asked if there was any orders of protection filed, Mrs. Gordon replied, "Not at this time." Odd choice of words, that.

Where was the original recording? At the County? With the TPD? Did the Troy Police have a copy? Is it more likely that a county worker accessed the recording or a Troy police officer?

Why is Abelove sending the Gordon's to the Sheriff's Department and not the Troy Police? Telling, no?

WAS ANY OTHER CRIME COMMITTED? A HYPOTHETICAL*

Times Union reporter Brendan Lyons says he received the audio from a "democratic operative." Lyons is not revealing his source. However, lets use a hypothetical. Let us say a "democratic operative", we'll call him - lets see - we'll call him 'Tom', is sent the 911 recording. 'Tom' forwards the recording to Lyons. Has a crime been committed?

Possibly. The individual accessing the recording might be subject to Penal Law 156.05, Unauthorized Use of a Computer. The elements of that misdemeanor are as follows:

1. The defendant used, caused to be used, or accessed a computer, computer service, or
computer network without authorization; [and]

2. That the defendant did so knowingly; [and]
Add if applicable:

3. That the defendant did not have reasonable grounds to believe  that he/she had authorization to use the computer.

It sure seems like the person that sent the recording to 'Tom" might have some worries. But, does 'Tom" have any worries?

Has 'Tom' committed a crime? The only possible crime is Penal Law (love saying that) 156.35, also known as Criminal Possession of Computer Related Material.

The elements of this Felony are:

1. The  defendant having  no right  to do  so,  knowingly  possessed  in  any  form,  any  copy,
reproduction  or  duplicate  of  any  computer  data  or computer program which was copied, reproduced or duplicated in violation of law; and

2. That  the  defendant  did  so  with  intent  to  benefit himself/herself  or  a  person  other  than  an  owner thereof.

Damn, that sounds bad. Anybody find the problem? Well, what is possessed has to deprive the owner of a value or economic benefit in excess of $2,500 or, that which appropriated must be used to further a crime. If the 'benefit' portion of the crime was removed then technically, everyone who downloaded the recording would be violating the law. Including Brendan Lyons and the Times Union and anyone who posts the recording on facebook.

FINAL QUESTIONS

1. Was this fair game?

2. What, if any, impact will it have on the race?

3. Should we create another 911 Commission to study what happened and how to prevent it from happening in the future?

4. Was it a good move on Gordon's part to respond or should they have let the story alone?

Have at it!

*The law cited by the County, County Law 308(4), is not applicable to this situation. That law allows the County to withhold certain information when a FOIL request is made and can form the basis of an Article 78 petition if the requesting party believe the municipality violates FOIL.


70 comments:

Anonymous said...

One huge pile of shit for the Troy republicans

Anonymous said...

Keep telling yourself the law doesn't apply to you. Time will tell Tom.

Curious Sarah said...

Where are the GOP At-Large candidates on this. Didn't Mantello accuse Wiltshire of misogyny when he refered to her as she in an e-mail? What does she think about her candidate now? Better or worse than using she in an e-mail?

Anonymous said...

Can we get an Indictment time clock up for the police that released the tape? Who will pay for this lawsuit?

Anonymous said...

7:39 is correct. Gordon can't lose. If he loses the election the lawsuit will pay plenty.

Anonymous said...

It's always fun to watch those with no moral fiber come out swinging on others. Amy O and Kev McRAT are two of the finest. The best the dems have to offer.

Anonymous said...

Keep dreaming, Crist. Your boy is going down in flames. Not that he ever had a shot anyway . No one cares who leaked the tape. Even if it were illegal your dumbfuck DA couldn't find his ass from his elbow to prosecute anyone for it. VICTORY LANE! Ooops not this year dummy.

Anonymous said...

Politics being what it is in Troy, Gordon had to know it was going to come out eventually. His campaign is over. P.S. I wonder if he wrote his wife's statement?

Anonymous said...

Lmao. Your clueless. Nothing will come of this other than your shitty candidate loses.

Anonymous said...

Haha!

Anonymous said...

I'd like to see an investigation into why Jim Gordon wasn't charged with assault. Arent the police supposed to arrest the abuser in domestic violence cases even if the spouse doesn't want to press charges? ? But Gordon gets to skate? More Republican coverups and corruption!

Anonymous said...

All three Republican AT-large candidates are women. Are they going to make statements about this incedent? I'll lose a lot of respect for them if they don't. One in particular.

Fuck Taxes said...

KEVIN SEZ: you should've embroidered your fist on her cheek!

Anonymous said...

Because they are shit. You reap what you sow.

Carmella said...

Good stuff man

Anonymous said...

I wonder if Jim Gordon will let the poor woman speak to the press this time. Surely if there were bruises they would have faded by now.

Carrie said...

You should do a piece on what the Gordons were fighting about. That's a cute little story.

Anonymous said...

IF he loses the election? Are you that delusional?

Anonymous said...

I hope your not a Troy republican, because they never worry about lawsuits, how many times was the previous administration sued? Many, many times!

Anonymous said...

Sorry. What law did Tom break that Lyons didn't. You guys think everything is against the law and everyone is going to jail. Yet. The GOP has done disgusting things. Spare us the righteous indignation

Anonymous said...

Good point 8:43. I'd like to know why Gordon wasn't charged. Did the fact that's he's tight with the Chief of Police Tedesco have anything to do with it? That deserves an investigation.

Anonymous said...

I'm sure he's shaking in his shoes as he crushes you yet again, Richie Boy. Go buy yourself a pair of pants.

Phana24JG said...

Was it fair game?, in an ideal world no, in Rensco/Troy, of course it is. The impact is hard to gauge, but it is not good. Reps are fooling themselves if they believe it will be offset by 911 irregularities, Dems like 8.12 are equally wrong if they assume game over. Mrs. Gordon has done some damage control, and the events are not damning.

We do not need to investigate this to death. It appears laws were probably broken, but as noted, we are dealing with misdemeanors, and the voters are a whole lot more concerned with the budget than 911 tapes. What sane prosecutor in whatever jurisdiction has the misfortune to get this would want this clusterf***? Gordon had to respond, silence or the even more damning no comment would have simply implied there was more to the story. I thought they did well with the response, but ultimately, we are not the arbiters that matter.

Finally, I thought Demo left out one important question. What was the motivation for the release? Was this simply used because it was available, or were there some polling numbers that suggested things were not going well? Again, a difficult question to answer. Few of us have access to these numbers, and even those who do should know that the local polls parties relied upon for years are increasingly unreliable as the landlines they used to ensure an accurate sample become fewer and fewer.

Anonymous said...

The recording was leaked by Jimino's office. She had been trying to get rid of him for months. She's tired of him spending time visiting her staff and and work not getting done. He's been pissed at her (too obviously) since her brother entered the race.

Anonymous said...

Normally when a women calls the police in a domestic incident the man is arrested. I guess because he's pals with the cops he got a pass and it was just swept under the rug.

Anonymous said...

The Gordons do not have a suit. The Statute that would potentially preclude disclosure of the tape only provides for an equitable remedy ie. Stop releasing the tape. It doesn't create a private right of action for $$$.

Anonymous said...

Don't confuse them with the facts.

Anonymous said...

Really????? Glad you've got some inside info. Might be time to tune up the ol tin foil hat again to get better reception to the mother ship

Anonymous said...

@ 1:03 thank you Johnny Cochran for your explanation. Maybe you can defend Millington when he's arrested.

Anonymous said...

He's had his head wedged up Chief Tedesco's ass for the last two years. It's nice he finally got something for all that sucking.

Anonymous said...

Classic. Love it

Anonymous said...

Arrested for what

Anonymous said...

Of course he did. He won't let the poor woman talk.

Anonymous said...

1. It's fair game anywhere. Welcome to the real world, Forrest. 2. The events aren't damning? Maybe that's how you settle marital disputes, but the rest of us can argue without pinning our wives down. 3. They did well with the response? Sure, if you think shrugging off assault and blaming everyone else but yourself is a smart campaign strategy. You must be one of the clowns advising Gordon. Keep up the good work. 4. No one polls the local races. It's prohibitively expensive. The motivation for the tape release was simply that Gordon is running, albeit weakly, and this was dropped in the Democrat's lap. If it was Madden's tape the GOP would have put it on a billboard. Spare us the moral outrage, please.

Anonymous said...

Just saw Gordo on the Channel 9 debate. Kee-rist, talk about a (brain damaged) deer in your headlights!!! Just call him "Corky".
............Lincoln Case

Anonymous said...

Jim Franco getting the scoup on this story. He out there printing real story with back ground done not like this bullshit

McCashless said...

KEVIN SEZ: SEEN! Yrs truly huddled in front of the county building with my idol, King Shit "Jesus" Crist. Was so excited I pissed my pants. Ill embroider a new pair. Harry says he'll give me a quarter if I strip down and tweet with my ass cheeks.

Melissa's 911 Call said...

I HATE MYSELF FOR LOVING YOU
CAN'T BREAK FREE FROM THE THINGS THAT YOU DO

God Help Us said...

Just what we need. A physically violent mongoloid running the city.

Anonymous said...

Should this guy be commenting at all...

http://www.troyrecord.com/general-news/20130524/columnist-faces-charges-stemming-from-domestic-dispute

Phana24JG said...

4.23 It is too bad you cannot even try and be objective. Rest assured if I were advising Gordon, he would be doing some things differently. The only person I know advising him thinks I am sucking up to you guys here(why I have no idea), so I must be achieving some degree of accuracy. Phone polls for local races are not(or at least were not) that expensive.

Anonymous said...

Melissa and Jim-- these two are a fucking joke. Did she call for help because he was abusing her or not? She calls 911 and uses up tax dollars to get the cops out there, and now she's pissed off and entitled to privacy? Fuck that honey. When you waste the voters money to arbitrate your marital spats, get ready for some publicity. Theyre both dirt bags!

Anonymous said...

5:12 What's the real story?

Anonymous said...

Maybe the were fighting over McCasshat's Tax Warrants.

Anonymous said...

Accurate polling is always expensive. That's why the local candidates don't do it.

Taxpayer said...

Agreed. Did he pin her down or not. If he did he should have been arrested. If he didn't, she's a liar and she should be charged herself. Which is it? We paid for that call!

Carrie said...

Silly man. That's not what they were fighting over. xoxo

Mrs G said...

Love hurts

Anonymous said...

You mean the story the GOP wants the press to focus on, instead of owning up to what Jim Gordon actually did to his wife? Oh. Ok.

Anonymous said...

So Jim Gordon fights with his wife one hot summer night, gets physcial. Pins her down in front of the kid, she's scared and calls 911. Cops respond and follow up and get the 911 call tape for their investigation. Suddenly the wife changes her mind. She's mad at the cops, she's infuriated the tape is public. She wants the DA to bring charges and they want to sue the county. What's wrong with this picture? We either have a public official whose a lying abuser with a wife in deep denial or we have two people who don't mind wasting expensive public resources for bullshit complaints. WE pay for that. Who could possibly vote for this clown.

Anonymous said...

Total cover up. Nice job Teddy

Anonymous said...

It's fucking great the cop who's been fundraising from one end of Troy to the other for his family is the one who gives the illegal tape to Peter Ryan's in laws to take down the Gordon family. We should all vote for Rodney and give the non-Troy living cops what they deserve.

Anonymous said...

Jimbo wore a domestic violence pin at the debate! That's too funny! Hey Jimbo, the pin is not meant to support domestic violence you idiot

Anonymous said...

Who is lying Jimbo? You or your wife?

Anonymous said...

Mr. Franco,
Can you use your investigative skills to get a clear answer on one glaring question:
Are the cops required to file an arrest report on the abuser in a domestic violence case ?
If so, why wasn't gordon arrested ?

Anonymous said...

I saw that. Was that supposed to be a joke? What a sick fuck.

Anonymous said...

whats millington being arrested for?

Anonymous said...

He wore a domestic violence awareness pin at the debate tonight. Zero class. Zero shame. Mocking abused women everywhere. The hole keeps getting deeper for this assclown.

Anonymous said...

Maybe mcasshole got that tape

Anonymous said...

Well, we did have that in Albany from 95 to 07, and in D C. From 2001 to 2009.
Buzz Murdock

Anonymous said...

This NEVER would have happened to Harry, his wife would have kicked his living ass then gone up for the big splash.
.........Phibes.

Anonymous said...

After the debate I can see where these comments on Gordon will become harsher. They can feel it slipping away. Even Rodney made Pat look like Lou Light. You can write all the nasty comments you want but you can't erase watching that debate debacle. Madden's`Dunne.

Phana24JG said...

7:27, really? I had Rodney winning by a slight margin, albeit primarily on style points. He LOOKED better than Jim and Pat, simply because he smiled and had more comfortable body language. Pat, for God's sake, RELAX! Jim, is it against the law to SMILE? I thought all three did reasonably well, but was sort of disappointed in the moderators. Granted, we did not need a Jim Lehrer playing Debate Fuhrer or Candy Crowley as cheerleader, but they sometimes appeared clueless when the candidates did not answer as expected. I missed the last 15 or so minutes, as there was a scurrilous rumor circulating on one of my hockey groups that had some of us in a panic, but will scope it out in full later.

Anonymous said...

There's no one he wouldn't blow to increase his twitter following, that's for sure.

Anonymous said...

It's even better that the Chief of police who doesn't even live in Troy was giving money to the mayoral candidate who ended up skating on a domestic violence charge. That's a real knee slapper.

Anonymous said...

So now the Troy Police will investigate a leaked 911 call. Apparently that's more important than investigating domestic violence.

Anonymous said...

Oh, the humanity, have you ever seen such a mass if humanity?
......Count Yorga

Anonymous said...

Hey, it beats squad car masturbating to gay porn in a Cemetery, oh, wait, that's the North Greenbush cops!
Tod Stiles

Blacula said...

Count Yorga, this is my turf. Please leave.

Anonymous said...

Sorry miss-spelled Count Iorga. Love home, Blacula!