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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
06-23-2005, 11:28 AM
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#101
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Quote:
Originally Posted by critical bill
Jim, they do not need Justin to proceed against Dan on the offense of impersonating a police officer. Everything else could be dropped if Justin decided not to press charges and the state would still have enough to move forward.
If you were Dan's lawyer you could easily argue the threats, harrassment, intimidation, and extortion charges if they were to be brought against him. You would never raise any reasonable doubt that Dan didnt identify himself as a police officer multiple times while doing so. That is a seperate issue and no doubt would be a seperate charge.
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Unless they can prove that he actually sent the e-mail, all they have is a text file. Without someone to say "yes, I received that e-mail" it would be easy to create reasonable doubt by saying Justin edited the e-mail before he forwarded it to the police. I doubt that any DA in this country would bring that case without a witness. I doubt seriously they would expend the resources necessary to scour Dan's hard drive to find it as no doubt he has deleted the evidence by now. Basically, without Justin, there is no case. That does not mean there is no crime, just that DA's have more important things on which ti allocate limited resources if the only credible witness is unwilling to testify.
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06-23-2005, 11:46 AM
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#102
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Quote:
Originally Posted by Bthacker
I think you hit the nail on the head with this one. How sneaky if true, huh?
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Anything is possible. This wouldnt be the first time in my life that I've discovered a persons business dealings or personal freindship with a bona fide bad guy was more valuable to protect than the best interest of others. I have had a member right here on fauna, that I have dealt with, tell me that the best customer they have is a person who has hundreds of negative posts about them. Its all about moving animals and making money for some, they dont care who they align themselves with so long as the money keeps flowing in. You'll even have the odd ball that will post in that bad guys defense. What can you say to something like that? Birds of a feather flock together?
Of course I also have had a dealing or two with people who have expressed shock when they find they are doing business with a bona fide bad guy. When presented with BONA FIDE PROOF they normally do the right thing. They dont sit on a fence. They cut that person off, completely. I was on the fence with this post until I received the emails from Justin's dealings with Dan. That anyone else who has read the same emails I have and wishes to remain neutral says it all to me. That its a well respected member of fauna and dedicated contributor I am refering to....makes me feel pretty sad. Thats gotta be one helluva friendship.
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06-23-2005, 11:59 AM
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#103
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Quote:
Originally Posted by Jim O
Unless they can prove that he actually sent the e-mail, all they have is a text file.
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They can prove that. It was assigned a criminal investigation # and investigated by a detective. He reviewed the emails and acted on the information Justin provided. A detective would not have opened a criminal investigation if the evidence he was presented was a simple text file forwarded to him. Ya know Jim, I'll agree that PA is a pretty ass backward place to live, and thats just my opinion being a transplant from NY, but detectives dont get to become detectives, I wouldnt think in any state, by having the skills of a walmart security guard.
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06-23-2005, 12:00 PM
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#104
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Jim,
It is not hard to recover deleted files or even recover files after a complete format of the hard drive. I get one or two data recovery jobs almost every week. Data recovery is simple now a days, I use a readily available (although expensive) data recovery program. God only knows what the police and feds have at their disposal for this.
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06-23-2005, 12:43 PM
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#105
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OK, we know he lives in PA. Let's see if there's a criminal case and a conviction made.
Seriously guys, while data recovery may simple if you have the right tools, I would venture that they would not use them if there's no witness in a case like this where ultimately, no harm was done. They have the proverbial bigger fish to fry. As for opening a criminal investigation, there is a difference between that and filing a criminal complaint, which they have not done in Pennsylvania. If I report a crime the police are obligated to open an investigation. If they find insufficient cause to take it further then that is the end of it.
Quote:
Originally Posted by Justin Mitcham
The detective who handled my case had a chat with Dan and as of now if he does anything else he is facing legal action from them.
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Sounds to me as if they decided not to pursue legal action there before this thread was even started. So they won't be recovering his hard drive and they won't be pressing charges. Sounds like they told Dan "Don't do that again turd brain or we'll throw your ass in jail" or something similar. As for what they will do in Texas, that is a different matter of course.
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06-23-2005, 01:16 PM
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#106
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Uh, yeah Jim, I am completely aware of the facts presented so far. Thanks for the recap though.
I was just pointing out that simply deleting a file will in no way make the evidence disappear, as you seemed to believe based on your previous post*. It can still be easily recovered...... if the authorities chose to do so.
* "I doubt seriously they would expend the resources necessary to scour Dan's hard drive to find it as no doubt he has deleted the evidence by now."
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06-23-2005, 01:28 PM
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#107
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....on a side note, when the detective confronted him I REALLY doubt Dan denied writing the emails. I mean how could he..his options were quite limited, everyone knows that the quickest way to get on an officers BAD side is to lie. He probably realized if he'd lie he was toast, so he probably fessed up and the officer told him never again or else. With that being said, the officer probably has all he needs for a easy conviction, proof in the form of emails as well as a confession, taped, written or not the officers word is just as good as this physical evidence in a court of law. His goose was not only cooked but Hibachied. So any more evidence hunting would be overkill and realistically a waste of time, I honestly believe they had all they needed the moment they ended there conversation with him. He knows this and that's why he is not here!!!
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06-23-2005, 01:39 PM
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#108
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Quick Question.
Can this thread still be considered productive in any way or just too long and droning to even read? I don't have enough time on my hands to read this thing word for word but it doesn't look like anything new has beed said or any progress made for like 20 pages. I was just curious so I figured I'd interject. Excuse me for breaking the monotony. Back to the fun stuff.
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06-23-2005, 01:42 PM
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#109
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Quote:
Originally Posted by Jim O
If I report a crime the police are obligated to open an investigation.
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No Jim. The police officer is obligated to take a report. The information obtained and any evidence to support the crime could warrant a further investigation. That is handled by detectives. You can call your local PD right now with a complant and if the officer answering the complaint thinks it warrants more attention it would be refered to the appropriate dept for further investigation. He would not open his own investigation on the phone with you regardless of your information or whether he believed you or not.
I'm sure there are some states, some areas, that dont have detectives. Its a one man show. I could see what youre saying as possible if that were the case here. Its not.
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06-23-2005, 02:26 PM
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#110
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Quote:
Originally Posted by Justin Mitcham
....on a side note, when the detective confronted him I REALLY doubt Dan denied writing the emails.
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I dont believe he denied it either. According to the email, while not directly quoting it, the detective clearly states the Dans next harrassment email will be all thats needed to bring legal action against him. Dan got off easy. Its really the call of the investigating officer to do what he feels is appropriate in this situation, by weighing all the facts, and the possible outcomes if charges should be brought. No detective I know would want an ADA laughing them out of the door. According to what I read only veiled threats were made and attempts at extortion. No one was actually harmed either physically or financially. The only real crime was the impersonation which I am sure the good officer may have acted on had Justin sent money and/or if Dan came right out and stated in one complete sentence "I'm a cop and I'm coming to hurt you".
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