Cop almost killed me, so I flipped him off...

[DamianTV]

40 days for recording a talk with the DA? What an incredible waste of taxpayer money. And even more taxpayer money will go to defend the judge/DA/City when you sue. And taxpayer's (hopefully) will pay to reimburse you for your false imprisionment. I don't feel so bad about my tax money going to reimburse someone for a wrong, but I really resent having to pay tax money for the wrong.

This is an example of how crazy this country is. First of all, why is it illegal to record your talk? What is the DA trying to hide? Open access should be the rule, not illegal. 2nd, ok this is illegal, shouldn't this just be a ticketable offense? Is 40 days in jail really a just punishment for the crime? Personally, I think jail time for non-violent offenses is always wrong for a myriad of reasons. How can your city justify locking you up when undoubtedly they were letting violent offenders go free for lack of jail space? If they really thought they needed to thrown their authority around, er punish you, wouldn't house arrest be more approriate (and cheaper!)?

Good luck to you with your lawsuit.

1st thing is to check what your state laws are on recording. Some states it is unlawful for someone to record a conversation unless BOTH parties are aware that the conversation is being recorded. In other states the law only requires ONE OF THE TWO people to be aware that the conversation is being recorded.

I hereby find the court in contempt of the law and sentence the court to the will of the people.

 

[AgentOrange]

1st thing is to check what your state laws are on recording. Some states it is unlawful for someone to record a conversation unless BOTH parties are aware that the conversation is being recorded. In other states the law only requires ONE OF THE TWO people to be aware that the conversation is being recorded.

According to the OP, only 1 person needs to be aware of the recording (hence his recording unawares of the 2 police officers.) However, there is apparently a law against recording in the court room, which he was aware of, he wasn't aware that the pre-trial discussion in a room outside of the courtoom was the same as being in the courtroom (that was the charge which got him 42 days in jail.)

 

[tylerfk]

According to the OP, only 1 person needs to be aware of the recording (hence his recording unawares of the 2 police officers.) However, there is apparently a law against recording in the court room, which he was aware of, he wasn't aware that the pre-trial discussion in a room outside of the courtoom was the same as being in the courtroom (that was the charge which got him 42 days in jail.)

I still haven't seen a "law" that says, ita illegal to record something in a courthouse, or even a courtroom for that matter.

I have found these, and by my interpretation I haven't broken this rule.

(e) A judge should prohibit broadcasting, televising, recording, or the taking of photographs in the courtroom and areas immediately adjacent thereto, at least during sessions of court or recesses between sessions. See Code of Judicial Conduct Canon 3A(9).

Canon 3A(9) Except as herein provided a judge should prohibit broadcasting, televising, recording, or taking photographs in the courtroom and areas immediately adjacent thereto at least during sessions of court or recesses between sessions.

http://www.lasc.org/rules/supreme/cjc.asp

 

[angelatc]

I suspect you have an inherent advantage.

I had a friend years ago. Female and genius smart, but she could turn on the dumb and ditsy, add a few tears and talk her way out of anything.

(

You'll have to take my word that this doesn't work for us when the cop is a female. They get pissy if you even try.

 

[White Knight]

I never can understand those who put themselves in positions they can't win. Like if it's 1923, and Al Capone and his boys make a sexual crude comment to your wife. You have to let it go because you can't win. Just like those fools who say they will fight anyone. There are times when you should just avoid fighting (like Mike Tyson, Shaq, or Chuck Liddell coming after you).

 

[loveshiscountry]

You can be charged with possession of a recording device? I don't see how they knew he recorded things earlier.

 

[KCIndy]

You can be charged with possession of a recording device? I don't see how they knew he recorded things earlier.

From Tyler's earlier recounting of his ordeal:

....A lot of commotion was going on, but the shorthand is. They plugged the pen into a computer right there in the court room, and found only the video from earlier on the 10th floor.
.

I'm still trying to figure out how even a legitimate "contempt of court" charge (which this clearly wasn't) would warrant such an extreme sentence. Normally, contempt of court would just be a fine, or at worst, maybe a week in the slammer.

Tyler, if you're still reading this thread, do you by any chance live in a small town or rural area? This sounds as if it's got "good old boy network" written all over it...

 

[KCIndy]

I never can understand those who put themselves in positions they can't win. Like if it's 1923, and Al Capone and his boys make a sexual crude comment to your wife. You have to let it go because you can't win.

My purely hypothetical answer:

Because some people, when pushed too far by an unjust and corrupt system, prefer to fight rather than accept such abuse and dishonor. Such people will fight against long odds even when they know the fight is to the death, and will do so just to prove the point that not everyone knuckles under to two-bit tyrants.

Hypothetically, of course.

 

[loveshiscountry]

From Tyler's earlier recounting of his ordeal:




I'm still trying to figure out how even a legitimate "contempt of court" charge (which this clearly wasn't) would warrant such an extreme sentence. Normally, contempt of court would just be a fine, or at worst, maybe a week in the slammer.

Tyler, if you're still reading this thread, do you by any chance live in a small town or rural area? This sounds as if it's got "good old boy network" written all over it...

I was looking at it from a technicality point of view. As in "is it illegal to record" compared with "illegal to possess a recording device in court". Dunno if the courts make that distinction.

 

[tylerfk]

Tyler, if you're still reading this thread, do you by any chance live in a small town or rural area? This sounds as if it's got "good old boy network" written all over it...

I'm in Baton Rouge the second largest city, and the capital of Louisiana...

I go to court again for the original ticket tomorrow (APR 1st), this time with no electronic devices and with a lawyer!

 

[KCIndy]

I'm in Baton Rouge the second largest city, and the capital of Louisiana...

I go to court again for the original ticket tomorrow (APR 1st), this time with no electronic devices and with a lawyer!

Best of luck to you! Let us know what happens!

 

[sratiug]

I'm in Baton Rouge the second largest city, and the capital of Louisiana...

I go to court again for the original ticket tomorrow (APR 1st), this time with no electronic devices and with a lawyer!

Be sure to check if the court reporter has a recording device, since you know that is illegal. I'd demand he get life in prison, and the judge too if she's in on the conspiracy.

 

[tylerfk]

Best of luck to you! Let us know what happens!

Thanks, and I will post an update as long as they don't throw me in jail again...

 

[tylerfk]

Sorry for the delay in updating...

All the charges were dropped!!

My lawyer was able to talk with the DA and come to an agreement without going to trial...

 

[KCIndy]

Sorry for the delay in updating...

All the charges were dropped!!

My lawyer was able to talk with the DA and come to an agreement without going to trial...

Way Cool!!

CONGRATULATIONS!!

Are you going to be able to bring any sort of action against the court for your involuntary "vacation" at the county resort? I still find it incomprehensible that you would be forced to spend that much time behind bars for Contempt...

 

[Bruno]

Congrats, tyler!

 

[DamianTV]

Sorry for the delay in updating...

All the charges were dropped!!

My lawyer was able to talk with the DA and come to an agreement without going to trial...

Are you "allowed" to discuss the details in public without fear of excommunication? What was the agreement? Drop the charges, or it will be just you, me, your balls, and this nine iron... Something to that effect?

 

[squarepusher]

congrats meng

 

[tylerfk]

Are you "allowed" to discuss the details in public without fear of excommunication? What was the agreement? Drop the charges, or it will be just you, me, your balls, and this nine iron... Something to that effect?

I'm trying to sort things out... Take it one step at a time...

All I can say now is, the traffic tickets were dismissed thanks to my Lawyer, Ben Gibson, and the DA Office.

 

[Expatriate]

Congratulations man!

Now go after them for compensation, assuming you're telling us the whole story the judge can't just throw you in the clink for a month over a pen camera when you followed the rules to the best of your ability. At least, I don't think they can. The whole thing stinks.

Your time's got to be worth at least a couple hundred per hour, right?