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.