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

Sunday, November 15, 2015

DOMESTIGATE IS BACK



Jim Franco, over at GOP Radio, has the first real story about the Domestigate investigation. Domestigate, of course, is the sordid tale of politics, domestic disturbances, 911 calls and the illegal release of a copy of said 911 call. We may have to add the unceremonious removal of one character in our political passion play from the County Building on Friday to our Domestigate definition.

According to Franco:

"A warrant was executed earlier this week to confiscate the cell phone belonging to Gary Gordon, a retired city police officer and investigator at the Rensselaer County District Attorney’s Office, sources confirmed Saturday.

The warrant was issued as part of an ongoing investigation to determine if Gordon had anything to do with the release of a 911 recording where Melissa Gordon is heard telling the dispatcher her husband, Councilman Jim Gordon, had “held her down.” (emphasis added).

Franco does not know if Gordon's phone was taken or information on the phone was "swept" and the phone given back to Gordon. Gordon is a former Troy Police Officer, former investigator for the District Attorneys Office and failed Sheriffs candidate. He is an enrolled Conservative.

Gordon currently works for the Rensselaer County Board of Elections. What we don't know is if Gordon would have had access to the actual "held me down" recording, a copy of the "held me down" recording or was merely forwarded the "held me down" recording by someone else. This will have a major impact on Gordon's future.

As we explained before, having a copy of the "HMD" recording is not a crime. Receiving a copy of said "HMD" recording is not criminal. Posting the "HMD" recording is not criminal. It is the person or persons who made the recording that will be in trouble under a number of possible statutes.

There are a number of statutes that cover Unauthorized Use of Computer or Computer Trespass. This could be applicable if someone recording the "HMD" recording from a computer they were not authorized to use.

Then there are possession statutes. These cover criminal possession of computer related material. Possibly the most pertinent one is just that, Criminal Possession of Computer Related Material Penal Law  156.35:

"A  person  is  guilty  of  criminal  possession  of  computer  related material  when  having  no  right  to  do  so,  that  person  knowingly possesses,  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 ,  with  intent  to  benefit himself or herself or a person other than an owner thereof."

Benefit is defined as:

appropriated from an owner thereof  an economic value or benefit in excess of two thousand five hundred dollars.
So, unless the County believes the recording had a value or benefit in excess of two thousand dollars, this statute doesn't seem to fit.

At least it's getting interesting again. Hats off to Franco. No word yet from The Record (not surprising) or the Times Union (surprising).

CONTENTS OF PHONE

The Troy Polloi does have breaking news. We have obtained a copy of the data on Gordon's phone. It isn't pretty. Please ask anyone under the age of 13 to leave the room.

1. Every Chinese takeout phone number in the greater Capital Region;

2. Note "call cardiologist."

3. ibook: How to Use the Audio Recording Features of Your Phone;

Then there's the Apps. Nothing there either.






Tomorrow, we'll check in with the Troy Rumor Mill. Who's in, who's out.

65 comments:

Anonymous said...

Jimbo and the GOP just keep humiliating themselves. You'd think they would want the stink of the domestic "incident" to start wearing off. Instead they try desperately to keep it in the news. Nothing happens except Jim crumbles under the pressure at the county building and another scandal is born.

Great strategy guys. No wonder you lose.

Anonymous said...

They have very poor crisis management skills. Keep it in the paper as much as possible. Gordon did more damage to his campaign post tape release than the D's could have hoped for.

Anonymous said...

So the GOP is the law now? According to you people they are. Laws may have been broken that's up to the police not the GOP.

Anonymous said...

I like numbers:
Days left in the year 47
Days after election 12
Phone calls. 0
Phone calls to Tom 0
Return call 0
Return calls to Tom. 0
Team has been chosen. It's over. Your out.

Anonymous said...

9:56 Kind of rough on Gordon there, aren't you. Don't you think he's been through enough?

Anonymous said...

They took Ryan's phone and Dunne's phone as well, on Friday night.

Anonymous said...

Ah, McAssWipe didn't take the bait this time. Must have learned his lesson with St. Pete's. Ryan and Dunne still have their phones. Come on Keven, steal more shit from the Polloi.

Anonymous said...

Still pretty funny.

Anonymous said...

IA already took the detectives phones a week or two ago. Wonder if that led them to Gary. But if a cop made the recording, what did Gary do wrong?

Anonymous said...

Your assumptions about the legalities are somewhat ambiguous. There is room for criminal possession of stolen property. You may be correct if it proceeds to criminal court but I would suspect a big payday for Mrs. Gordon in civil court. Not just against the city of Troy but also the Times Union. Probably won't see a story in the TU but if there is a puff piece glazing over the subject there'll be no mention of "political operative". Receiving stolen property, possession of stolen property and complicity to distribute said stolen property to defame someone will be tough to defend when deposed. Couldn't care less about the TU but Troy taxpayers may pay dearly.

Johnny Cochran

F. Lee said...

As a former PD (Republican) I have to respectfully disagree with my colleague, Mr. Cochrane, god rest his soul. The Criminal Possession of Stolen Property statutes involve taking something of value that exceeds a certain value, such as keeping property that exceeds $1,000 in value. The one that comes closest is the misdemeanor charge but you still have to benefit yourself or another by possessing the property. Here, one could easily argue that Lyons and the TU benefited from the story. So it is doubtful it could work. If just possessing the audio was a crime, then everyone who reposted it, including Lyons could be charged and that won't happen. I think the computer related offenses are the most logical. The person who held that phone to the speaker could be royally screwed.

On the civil side, the Gordon's are out of luck. There simply isn't a tort that fits well at all. Defamation doesn't work or invasion of privacy. Maybe there's something out there but I'm not seeing it. Sometimes wrongs fall through the cracks. I don't think the Gordon's want to be deposed. That might prove a bigger headache than anything else.

Anonymous said...

Fuck you Flee, Gary Gordon is a liberator of the truth and will be treated as such by the powers that be.
Viva Le Troof!

Anonymous said...

Jim Gordon should have released this himself, in the last week of August, when everyone was at the Track or on vacation. He and Melissa could have explained it, it would have gone away. By Nov. 3rd nobody would have been talking about it. Unfortunate that someone else released it. Once again, explain it and move on, but Jim did everything he possibly could to keep the story going, including not showing up for the endorsement interview at the TU. Worse than the tape, to many voters, was his reactive and incompetent handling of the tape once it was out there. If that is how he would solve a problem for the City, they couldn't vote for him. He was escorted from the County Building last week because he went ballistic in his office and his co-workers got scared enough that they called security. Tape/no tape, Jim Gordon was never going to be elected mayor.

Anonymous said...

Gary Gordon didnt like it very much when they released his tapes with rogers discussing shady business that gary was up to.

Anonymous said...

Gary wasn't making a 911 call.

Anonymous said...

I've never liked Jim Gordon but hell, he lost. Why pile on further? Leave the guy alone.

Anonymous said...

This is really great. You're worrying about Jim Gordon who ia all done never to run again. Meanwhile Kenny Z and Rodney are getting ready to stick it in the ass of your new Mayor. You assholes deserve one another. Constantly looking backwards while we need answers going forward. No don't give me that bullshit that Rodney and Ken aren't from the democratic party there as much a democrat as your new mayor is. Thank god Pat Madden has his sister for consulting him. With you retards and your 3 members of the council he will need her. 2 years time McGrath and Mantello will own the electors of this city. Now you can all go back to Kevin Taxes and Jims wife while the republicans clean up after Lou Peter and Bill Done Dunne.

Anonymous said...

Maybe we should have hearings about that. I'll ask the transition team. If Steve Dworsky can't get us out of this no one can.

Anonymous said...

Hope Abelove goes after this harder than he went after Marty Reid. Oh, that's right. Couldn't go after Reid because it happened before he was DA.

Anonymous said...

5:58 (Harry) talk about cleaning up after someone. We are still cleaning up your mess from your dreadful tenure as Mayor and you have G4YN Go back to cutting ribbons and taking credit for your dad's hard work. Everything you have done on your own has been a failure, everything !! The fact you brag about property your father bought and paid for with hard work shows what a scumbag you are. You have done nothing successful on your own, instead of worrying about other peoples personal problems, pay your taxes. And keep having shit handed to you instead of earning it

Anonymous said...

F. Lee, your conclusion that Mrs. Gordon has "no case" is absurd. By law the tape is confidential even beyond the approach of FOIA. It was illegally copied, transported and used to defame the women (Mrs.Gordon) and to obstruct-interfere with a mayoral candidate therefore causing financial suffering. The legal system is based on an adversarial representation of facts, and perspective future earnings-losses. See you in court.

Johhny Cochran

Anonymous said...

First off why did they have G Gordon sign a document about the tape? Second I know for a fact that Brendan Lyons was going around to different people in the media with a letter telling them to stop using the tape he released. Not calling on the phone or emailing people he was hand delivering letters. Also 7:09 is the exact problem with Troy.

F. Lee said...

Johnny, it is a good thing you are now deceased or your reputation would suffer. The tape is confidential, agreed. That does not create a private right of action. If the tape had been released as part of a FOIL response, then she could bring an Article 78 to prevent the release. That it was illegally copied and transported doesn't add anything to the issue if the release was illegal. The fact that you would suggest the tape was illegally 'transported' leads me to believe you attended an unaccredited California law school.

The tape was not used to defame Mrs. Gordon. There are two people on the tape, Mrs. Gordon and dispatch. Nothing on the tape is defamatory. Unless, she lied about what her husband did. That would be potentially defamatory. Finally, I reiterate, she has suffered no financial loss. A court would never determine that but for the release of the tape, Gordon would have won. That is far to speculative. Besides, under that theory, he lost money, not her.

The legal system is indeed adversarial but you have to have a cause of action first. As unfair as it seems, you have not stated one. Ask any litigator worth their salt.

You may want to ask your law school for your money back.

Anonymous said...

8:53, that's ridiculous. What right would Lyons have to tell people not to use it? It I still up on the TU and a bunch of people have it on their facebook page, twitter accounts and so on.

What paper did Gordon sign? That sounds interesting.

Anonymous said...

F.Lee, my clients and myself can only hope you are representing the city or the TU., hoping the municipality for because of the criminal aspect the fruits are much riper. "If the tape had been released as part of a FOIL response" The tape isn't obtainable by FOIA. How was that law school in Grenada?

Anonymous said...

F Lee, you are the best

F. Lee said...

Oh, Johnny. Your clients should get new counsel. The point is, that relief obtainable for the release of information that should not be released is to have the municipality to stop releasing it. You need check the Public Officers law and then review the annotations. There is no private right of action for money damages for the improper or illegal release of such information. The "criminal aspects" don't change that. The fact you would write "fruits are much riper" establishes you are not an attorney. No attorney would use such a phrase. It's nonsensical even for a plaintiff's attorney.

Mrs. Gordon has no civil cause of action and no monetary damages. You obviously do not know what you're talking about. Please name one. Good luck though and I'll look forward to your opposition to my 3211 (a)2 7 motion, if you know what that is.

Rob LaFlamm Esq. said...

Fuck. I want F. Lee. Sorry but maybe there's a reason you an anonymous attorney.

Anonymous said...

Ah yes, they will own us...the true desire of the fat little fascist to own human beings, specifically those who aren't to the Manor born and actually have to work for something without daddums to spoon feed us. Tut dreams of sitting on his porch watching other toil whilst he wears his stretched out white suit and tosses off to old issues of PWI. We're so fortunate that he allows us to.live in his world. Sad case, actually ......Raoul Duke

Anonymous said...

You can't be defamed by your own words, nitwit. And where's the falsity?

Anonymous said...

The Gordon supporters can bitch all they want. It looks like their guy may have a much bigger and more immediate, problem come Jan. 1

Anonymous said...

Cab't post any more, need to get back to my client in NYC. On my way Sheldon.

Johnny Cochran

Anonymous said...

does it matter, Gary was caught on tape trying to fix tickets for rogers.

Anonymous said...

Say Hi to Skelos & Son for us.

Anonymous said...

Still unsure about what they think Gordon may have done.

Anonymous said...

I see the "lawyer" ran with his tail between his legs. Nice one, F. Lee.

Anonymous said...

When your boy is perp walked with cuffs on we'll see who's tail is between who's legs.

Anonymous said...

Perp walk or not, not seeing how that helps Mrs. Gordon. You need to focus on your civil case. That means finding one. Run away now.

Anonymous said...

If Gordon had a meltdown, it must have been about the over grilled sandwich he was served in South Bend Indiana. So stop spewing your fucking lies Kevin McGrath. You're a nobody -- and the only one's who give a shit what you spew is those felons and idiots you run with. Love this blog by the way!!!!!!!!!!!!

Anonymous said...

why are you so concerned with what harry owns and if his father gave it to him?? Your a pathetic loser, worry about what you own (nothing)

Anonymous said...

I could care less about what Harry owns, until he starts bragging about it like the fat toad he is!

Anonymous said...

thats obviously not true by your comments!! Your obsession with him is really scary!

Anonymous said...

Sounds like Duke touched a nerve, eh, fat boy?

Anonymous said...

We still don't know what Gordon may have done. If someone sent it to him, what's the crime? Or, are they looking at who sent it to Gordon. What was the probable cause for the warrant?

Anonymous said...

People don't obsess about fat, moon faced trolls, if he would just shut up and go away, there would be no reason to talk about him now would there. You hear anyone ragging on Pattison anywhere on any blog? You know why? Because he knew when his time was up and faded away, something Harry just don't get, and never will

Anonymous said...

12:20 temper temper Jim. And we all know what the meltdown was about.

Anonymous said...

Well said, old soldiers never die, they just fade away but self centered ass hats never let go of their moment in the proverbial sun, daddy says they're special so they figure that if they keep ramming themselves down everyone's throat, the people will become enlightened and love them as well. See that scene I Smokey and the Bandit 2...."c'mon out here and love me or I'll kick your ass!" Pathetic.

Anonymous said...

you are obsessing over him by continuing to write about on a daily basis, you are the one keeping him in the spotlight!

Anonymous said...

You think it's only one person commenting about their dislike for Harry? Wake up, people can't stand him!

Anonymous said...

Everyone know who has the true obsession with him, your anonymous post are too transparent.

Anonymous said...

1:30 do you know why the Troy Republicans look so inept? Because Harry is one of the guys in charge and he's a moron. They desperately need some fresh faces and fresh ideas, Tutunjian is a big spoiled baby who ruined Troy, that is his legacy! Please Tut, just go away!

Anonymous said...

again its harrys fault...lol...the obession is unreal.

Anonymous said...

Yes, because your feeble mind can't comprehend that there is more than one person who can't stand Tut! Open your eyes, Tut is despised by many and defended by few!

Anonymous said...

ok cooper go to work!

Anonymous said...

my feeble mind, now that laughable. Someone who obsesses over Harry and evry little thing he does, I would believe is the feeble minded. Do you have anything else going on in your life??

Anonymous said...

Cooper? No, not Cooper, keep going though. Seems like your the one obsessed

Anonymous said...

Nope too transparent same rants on his troy page as here. Smarten Up!!

Anonymous said...

What are you hacks even talking about ? I'm a member of the Troy NY group, Randy has not said much since the election about anyone or anything. More lies by the hacks. The obsession is real alright, but its not Randy who is obsessing

Anonymous said...

Cooper Cooper Cooper Cooper Cooper Cooperà Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper, there, now I mentioned him slmost ss much as you clowns did,! The obsessing is alive and well, wait!! Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper Cooper, ah now I'm all better

Anonymous said...

Are you kidding he just put a post about Harry 2 Days ago, harry is gone why would you need to put up ols artlicles and non sense unless there was a slight obsession.

Anonymous said...

If Harry is gone, why is he cutting ribbons?

Anonymous said...

For his hair?
........Hymie Schmeckleman

Anonymous said...

he wasnt cutting the ribbon, he was there, but why would you care if he was there, what barring has that on your pathetic life.

Anonymous said...

Why was he there? Since you have all the answers, was he on the clock?

Anonymous said...

why do you care?? Why are you so concerned with what Harry does?? Get a life!