Posted on 09/18/2009 7:21:41 AM PDT by jeffq73
Former ACORN workers in the city are planning to file a civil complaint against the makers of the video, according to the website Investigative Voice.City state's attorney Patricia Jessamy said on WBAL's Shari Elicker Show that she could not prosecute based on restrictions for evidence obtained illegally.
Maryland law requires two party consent to be recorded.
Former employees of the beleaguered community activist group ACORN are planning to file a criiminal complaint in Baltimore against the creators of the series of videos that have spurred outrage against the organization, knowledgable sources have told Investigative Voice.The filing could come as soon as Friday afternoon, sources said.
The criminal complaint will allege that recordings of the group’s employees giving advice on how to evade taxes and house underage South American sex workers to journalists posing as a pimp and prostitute were obtained illegally.
The criminal complaint is expected to name both James O’Keefe, 25, and Hannah Giles, 20, along with the owner of the website Breitbart, which initially released the videos.
ACORN is also contemplating a civil suit seeking an injunction aginst O'Keefe and Giles to prevent them from distributing the videos, according to an an email.
I’m sure they waited this long to file charges so they had time to destroy all of the incriminating evidence. I suspect discovery will not produce much for the defense.
Isn’t there an execption in the law for journalists?
If not, they should argue the 1st amendment freedom of the press provisions override the law.
You can make a decent argument that everytime the local news shows film, it violates this law, as I’m sure there is someone in the camera range that didn’t give permission to the local news team.
>>> They are trying to intimidate those doing the filming in hopes they will back down. <<<<
I considered that too, but the damage has been done, and the filming is finished.
Question for the legal scholars:
Can ACORN be sued by the citizens of the state in which they operate?
Bring It ON!!!!
Hah. In any event, the videos will speak for themselves, and these “workers” will be shown to be crooks and thugs—juries tend to hate people like these.
Cutting into their little scam?
hewitt and Steyn yesterday mentioned this stuff got bottom of page 14A in the LA Times. A brief from the WasheduPost.
Yep, lets ignore the big stories.
Steyn said something to effect to ignore a story like this means “Your not in the news business”.
They’ve reached the bottom and they keep on digging.
If ACORN was operating illegally without a charter, then the supposed 'criminal' act against them by taping or recording would be null and void as exposing a crime is not a criminal act
I hope ACORN does sue FOX or Breirbart and the journalists. Let the story stay on the front cover, marginalize the left and shine the light of day on any of the politicians that have taken or supported ACORN.
Unintended consequences.
Priceless....
The State Of Maryland, ACORN and crooked ACORN employees -
Each one is doing their part to keep the ACORN scandals in the news.
>>> Did Linda Tripp run afoul of MD law for illegally taping her conversations with Monica? <<<<
Yes, she did, but she was not taping in the interests of journalism.
There is definitely a 1st Amendment issue here.
I’m trying to imagine the number of lawyers that stand to support ACORN at all costs—to protect the major players that begin and end with Hussein and his minions.
ACORN needs to be disbanded.
And, these people are absolutely nuts thinking they will win a lawsuit. Their only hope is to flood the jury with non-white, non-Anglo sympaticos
Even crazier....any prosecutor that files criminal charges against the film makers and distributors is sick. They will have to explain why ACORN was not prosecuted for conducting illegal activity. Since ACORN’s crimes cross state lines....and feds do not have two party consent recording....the Maryland jurisdiction would be nullified on appeal
They pulled this same stunt on Linda Trippp...ending up having to drop the case
I think the court would be more concerned with the chain of possession of evidence in order to demonstrate its reliability. The police are hopefully holding to existing standards of evidence gathering that are meant to protect its reliability, especially from mixing in false positives or negatives, and thus their hard work. For private citizens holding evidence, you’re probably just facing a stiffer challenge from the other side’s lawyer.
Just out of curiosity, under these circumstances, can their suit be dismissed for lack of standing? I mean, with no charter and all ...
I'd just like to see a dismissal that affects the other side on these grounds, for a change.
Where do we sign up to donate to their defense funds?
I have a feeling these young front-line detectives will not be lacking for good defense attorneys!
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