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  1. #26

    Default

    "the service provider released my company issued cell phone call details to my wife's divorce attorney, divulging the fact that I placed all hour calls to my mistress".

    If subpoened, they must do just exactly that. In a divorce case, not likely.

    However, you can be certain that Bernie Madoff's employees cell phone records would have been subpoened if he had and his company had gone to trial.

    In KK's case, if the Judge had seen the evidence that KK was having an affair that he denied on the stand, and that reality had been a key point for the case, the information would have come out anyway. I think a mistrial would have been declared - certainly it would have been if KK had won in the first place.

  2. #27
    bartock Guest

    Default

    Quote Originally Posted by RedeemerKid View Post
    Good point, but I think both the City, and the individual could have a case.

    Let's say I have a cell phone provided by my employer. Just imagine if I was engaging in behavior that could put my marriage at risk, and the service provider released my company issued cell phone call details to my wife's divorce attorney, divulging the fact that I placed all hour calls to my mistress.

    I'd be pissed off. I'd feel my privacy rights were violated. I'd have a lawsuit to pursue.

    My employer would be pissed off too because it casts a shroud of privacy infringement across the entire base of employees who use company issued cell phones. I think my employer would have a lawsuit to pursue as well. There is probably a violation of a contract between the cell company and my employer.
    I think it will go back to whether the messages are public information or not.

  3. #28

    Default

    Quote Originally Posted by SWMAP View Post
    "the service provider released my company issued cell phone call details to my wife's divorce attorney, divulging the fact that I placed all hour calls to my mistress".

    If subpoened, they must do just exactly that. In a divorce case, not likely.

    However, you can be certain that Bernie Madoff's employees cell phone records would have been subpoened if he had and his company had gone to trial.

    In KK's case, if the Judge had seen the evidence that KK was having an affair that he denied on the stand, and that reality had been a key point for the case, the information would have come out anyway. I think a mistrial would have been declared - certainly it would have been if KK had won in the first place.
    I am no attorney but I believe if subpoenaed, the cited records would need to be delivered to the correct party as required and identified in the subpoena.

    Sending the records directly to the incorrect party is where this gets hosed up from a privacy perspective.

    Seems to me if they had been sent to the court [[as I believe the subpoena stated), the records would have been sealed and the text messages would not have appeared in the Free Press and News unless properly FOIA'd maybe.
    Last edited by RedeemerKid; March-25-11 at 11:31 AM.

  4. #29

    Default

    To be truthful I sort of miss The Felon. I miss hating him and the energy it took to get him gone. On this forum there was real electricity on the give and take debates surrounding all the antics. If not for The Felon I might not have met Rel, Cub or many others.

    On the subject of PTSD, rarely is it self-induced. It usually stems from an external source like being attacked or being in a natural disaster like a flood, a fire, a tornado or earthquake. Combat sources of PTSD could be termed self-induced if one would consider regrettable actions took while engaged; however, applying that to The Felon seems to be a stretch.

  5. #30

    Default

    >>The doctor says Kilpatrick is feeling sad, helpless and that his future looks bleak.

    That is how the whole city of Detroit felt like after his criminal activity in office. The whole city has PTSD.

  6. #31

    Default

    "Seems to me if they had been sent to the court [[as I believe the subpoena stated), the records would have been sealed and the text messages would not have appeared in the Free Press and News unless properly FOIA'd maybe. "

    Not to parse the entire trial for you, but this is what happened: In his early years in office KK was observed to be texting obsessively. Hardly anyone texted then and certainly no CEO's. Yet, everywhere KK was texting - on banquet daises, in important meetings, he was always listening with one ear and busy thumbs. People were wondering what was up with that and it became conversation. So when Brown-firing trial started, Stefani thought that the truth about Browns' firing would be in the texts. So STEFANI asked the judge if they could be entered into evidence and the Judge said to Stefani to subpoena them. So the judge signed the paperwork and STEFANI sent it out, with the understanding that the Judge would review the texts for value before they could be used. But it didn't arrive in time. In fact the subpoena paperwork got passed around the Skytel Corp and it's owners etc.

    When the texts finally arrived the trial was over and KK was guilty of firing Gary Brown and ruining his career without due cause.
    So Stefani says he didn't worry about opening the texts when they arrived in his office [[not a mistake) because trial over and KK guilty. Imagine his surprise to find out that there were huge numbers of steamy texts to Beatty, proving that KK lied about the key point of whether he was having an affair that Brown might have come to know about. And that perjury was the key to finally getting KK to concede and not appeal.

  7. #32

    Default

    If KING KWAME didn't get into trouble, then he would have these problems.

  8. #33

    Default

    That's not PTSD, That's called Guilt. Tell the truth about everything and that big weight on your back will be gone and you will feel happy and relieved

  9. #34

    Default

    Quote Originally Posted by Buy American View Post
    He lied because he didn't want Carlita coming after him with a Louisville Slugger!
    Damm right, after he saw Carlita belt that stripper upside the head he probably figured he better watch it.

  10. #35

    Default

    Post traumatic sex disorder has laid Kwame low.

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