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

Wednesday, March 09, 2016

THE CRIME OF THEIR LIVES

So, if there are actually people who believe nothing wrong was done when the 911 recording was released to the public, speak now or forever hold your peace (or piece). Mrs. Gordon was done a disservice. Her subsequent enabling behavior does not change that fact.

However, no such wrong was done to Jim Gordon. He did not place the call. He has no expectation of privacy and it is doubtful he would be dissuaded from calling 911 if need be. The hyper-partisanship on this issue is delightful. Democrats have to stop arguing that making the recording public was justified based on the behavior of the recordings subject. Republicans have to stop acting as if they wouldn't have used this against a Democrat. Hell, they used to fabricate fictional characters for their robo calls and then intimidate county employees to play those characters. Righteous indignation in Troy politics works as well as Chris Christie's lap band.

Moving on....to the crime of the century. We all know that those involved will be doing a stint behind bars. Or do we? In fact, we're unconvinced that anything criminal occurred. This is more likely if the recording was obtained by Millington, for Colaneri, for the purpose of doing their jobs. That they were assigned to look into the events. This just might be a case where the facts walk close to an actual crime but never cross the line. Of course, everything hinges on the details and those are in short supply.

Our first thought was, Computer Related Offenses. This is on the assumption that a 911 call comes in through and is recorded by a computer system. We could be wrong. Lets walk through them. If there's a criminal defense attorney or former prosecutor out there, comments would be appreciated.

 Unauthorized Use of a Computer

a person is guilty of unauthorized use of a computer when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization.

This doesn't fit because it is essentially breaking in to a computer either directly of through another computer.


Computer Trespass

a person is guilty of  computer trespass when that person  knowingly uses,  causes to  be  used, or  accesses a computer,  computer  service, or computer network without authorization  and  he or  she  thereby knowingly gains access  to computer material.

Same as the first, except you see information.

There are a host of Computer Tampering offenses but they don't fit either. They prohibit messing around and changing computers, networks and programs.

There are Unlawful Duplication of Computer Related Material offenses. That sounded hopeful. However, one involved medical records and the other involves material with a value that exceeds $2,500.

One could fit. That is Unlawful Duplication of Computer Related Material with Intent to Commit a Felony. So, you need to find a separate felony to marry to the underlying offense. We'll see if we can find one.

The one with the most promise is Criminal Possession of Computer Related Material.

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.

We might be on to something here. Except, there is one element that does not fit. One must do the above while depriving the owner of such material of a value in excess of $2,500. No one appropriated material that deprived the County of anything of monetary value.

That really exhausts the computer related offenses. Some elements almost fit, but not quite. Still, it feels like a crime. So lets keep looking.

Offenses Related to Theft do not fit. Most of those are specific to the property (debit cards, automobiles) or require the item taken to have a monetary value.

Then we though, Official Misconduct! That's broad and a lot of shit can fit into those offenses.

Under our law, a public servant is guilty of Official Misconduct when, with intent to obtain a benefit or deprive another person of a benefit, he or she commits an act relating to his or her office but
constituting an unauthorized exercise of his or her official functions, knowing that such act is unauthorized or

he or she knowingly refrains from performing a duty which is imposed upon him or her by law or is clearly inherent in the nature of his or her office.

This is designed to prohibit a building inspector refusing to issue a CO unless paid off and the like. It may fit, but not likely and its only a misdemeanor. The problem is that conspiracy nuts think that if Colaneri did anything wrong it was for his son, who later became a police officer. We've heard statements like "In exchange for the 911 recording Wade got his son a job." Of course, this is all bullshit. Only those who don't understand how the civil service rules work would think a County Chair could get someone a job as a police officer. It's not 1888. If it comes to light that Colaneri Jr. wasn't eligible for the list, did not pass the exam and was rocketed to the top of the heap, you'd have a better argument. Given the departures from the force, does anyone really believe Colaneri fils wasn't a clean hire?

Ironically, if Gary Gordon did receive the recording and then sent it to Brendan Lyons, he is the least likely to have committed any crime.

There's about 900 crimes on the books. We'll keep looking but this is going to be a tough slog on the criminal end.





27 comments:

Anonymous said...

I liked it better when you were writing Mirch did it.

Anonymous said...

Your absolutely right Democratus. No quid pro quo here. It's not 1988. I remember in 1988 when the deputy Mayor that year got his 38 year old son in the firehouse as a rookie firemen. It was also 1988 when the cops tried to trick an old man into giving them lifetime Heath insurence after 10 years. Hell in 1988 they use to raise buildings full of aspestos with no provision for public safety. Thank God those days are long gone

Anonymous said...

Yes please you keep looking because everyone knows that the Troy Police the State Police the DA and the Judges don't know what to look for.

Anonymous said...

Tampering with evidence??

Anonymous said...

Colaneri's kid wasn't hired off a list. I agree that this tape release thing is being blown out of proportion.
Let's let the cops decide what evidence they want to take from the station and give out to papers and whoever.
Today it's 911 tapes, tomorrow it's machine guns and crack.

Anonymous said...

Can't we blame this on Bill Dunne somehow?

Phana24JG said...

Of course we can. I know Dunne is a Bruins fan,so he is evil. We don't need no stinkin' evidence, he's guilty.

Anonymous said...

The important thing is that Joel knows what the charges are.

Anonymous said...

Rat citizen cox back to florida seen dining with tiny paul and the crew

Anonymous said...

How was he hired?

Anonymous said...

Demacratus your really stinking the blog up. You have lost your edge. Your story's are sophomoric with quite a bit of potty mouth. The influence from your 3 regular brain trust is bleeding into your thoughts. Could it be that you've lost your fastball so to speak? Knowing when to give it up after you've lost a step is sometimes hard to see. Especially when you surround yourself with delusional people. Your 3 "wise men" are possibly just "yes men". Take a look in the mirror I think it's time to ride into the sunset. You could finally wright that book or who knows get that RV and drive cross country. Whatever you think is best because this isn't working anymore. Take Bill Dunne with you as a wingman he's got plenty of time. Time to get out.

Anonymous said...

Thanks Kevin. Keep on tweeting. Maybe someday you'll get paid for your swill so you can pay off all those tax liens.

Anonymous said...

Is Teddy leaving in May when he hits 62? Or is he gonna let the place continue to suffer?

Anonymous said...

Joel's lucky he can find the grand jury room. Total incompetent. That's why most of his hires have already left.

Anonymous said...

I hope you don't practice law because a South Troy retard can figure out the charges in this case in about 30 seconds. The only thing you said right was about Gary Gordon. His charges won't stick.

Anonymous said...

Well, South Troy, lets hear it?

Anonymous said...

As the village idiot from north Troy I concur.

Anonymous said...

Name calling and bottom feeding is not an enjoyable read. On the bright side of this 911 thing is that Jim Gordon will never hold elective office again.

Anonymous said...

Then what are they? Let's hear it, big shot.

Anonymous said...

He was pretty much dead anyway. If you can't win with five lines, it's a good sign the voters hate your guts.

Anonymous said...

Nothing from South Troy?

Anonymous said...

I agree, not to complicated to scratch out a few relevant charges.

Robert Cox said...

Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring Boring

Anonymous said...

Hey, Cox, make any more phone calls lately, telling people to be careful when you're in town?

Anonymous said...

Staying long past 62. Somebody is in a big financial pinch. Can't keep his house in order. haha

Anonymous said...

Come back Booby please. We need to talk eyeball to eyeball.

Officer Dean
!~~! jackleg

Jim Davey said...

7:46 PM. Your use of the 'R' word belies an ignorance that negates your comments. I am from South Troy. Born and bred