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.
ACORN cannot use federal funds to defend a criminal case involving former employees. It cannot use federal funds to pursue a civil lawsuit. And it can’t use federal funds to defend a RICO prosecution. ACORN is going to Maryland prosecutors to try to respond because it has no other alternative.
I was listening to Judge Napolitano one morning last week on this. It sounded to me like the way the law was worded it applied only to taping phone conversations. It had something to do with intercepting communications.
Wouldn’t it be nice for all of us to go protest at her office. Wonder if the media would have that on the news?
Seems to me that WalMart having been their employer at the time...yes. But I’m no lawyer either!
Won't work. Who knows how many copies there are and who's in controlling possession of them. Once it's out in the digital world that horse won't go back in the barn.
Key question for the Defense to ask:
“Tell me, madam, (and I use the term with all due respect) did you, or did you observe any fellow employees, shredding, discarding, or removing documents or any other items from your ACORN facility following the airing of the first video about which you are suing?”
“And before you answer, may I remind you that destruction of evidence and perjury are felonies.”
If i remember correctly MD is a single party state. So only one party needs to know if they are being taped. Now DC is another matter, the congress critters were sure to protect themselves. But if the office is actually in MD they should be OK.
I was always under the impression this law covered electronic means of communication.
But in a civil case, the rules of discovery are much easier to get evidence. ACORN, more than likely, would have to turn over evidence...especially because these people were employed by them.
Unless ACORN gets a judge that will fix the case for them...ACORN will be coughing up documents
If the leaders of Acorn truly want to rid themselves of corruption, they will thank O’Keefe and Giles.
Tripp was charged; the charges were later dropped. MD requires consent of all being taped. However, the state has not gone after TV stations who used the same technique as O’Keefe and received awards for their reporting.
there’s a law enforcement exception but not media
Will they stonewall though? Probably! Which means, summary judgment for the defendants! All the while bad PR for George Soro’s garden party!
“the radical left, they never ever look at themselves and realise that they might be wrong.”
left = wrong ?
Naw, never. Can’t be. They be ordained, they be enlightened, they be the chosen, they be the ones to show us-un da way, doncha no.
I’m gonna love to seeing the discovery phase of this suit .
Kill the messenger .
Good news, but these kids are going to need a lot of help. ACORN and its minions will sue them into the poor house.
Breitbart could turn this back to his own advantage by using this as free advertising and releasing more videos.
You can sue a ham sandwich. And you might have a better chance of winning than in this case. (At least I hope so.)
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