"State police had threatened Web site operator Mary T. Jean with a felony charge for posting the videotape at www.conte2006.com. The video shows troopers arresting Paul Pechonis at his Northboro home on Sept. 29 and then apparently conducting a search of the premises." "Be advised that this secret, unauthorized audio/video recording is in violation of M.G.L. c.272, 99 and subject to prosecution as a felony," the letter read in part." "The nature of the plaintiff's injury is deprivation of her constitutionally protected free speech by the chilling effects of an impermissible exercise of the commonwealth's police powers," Mr. Shea wrote. He said the statute in question was an anti-wiretapping law directed at organized crime. "Understandably, the posting of this videotape on the plaintiff's Web site is an embarrassment to the defendant Massachusetts State Police and Mr. Conte." "Mr. Pechonis claims the video was made inadvertently by a child security system he had set up in his home. He says he has not received a letter from state police."
Pechonis had a right to possess and operate a child security system in his home and Jean had a right to post the video on her website as a protected freedom of speech act. Suspect the hearing in Federal court is going to be a slam dunk as it appears the only basis for the police position is embarrassment they did not follow proper search procedures. Good example of what government tends to do to the public if uncontrolled. Heck, you can't even wear a T-shirt with printing on it these days without getting arrested. David Bier http://www.telegram.com/apps/pbcs.dll/article?AID=/20060218/NEWS/602180420/1116 Saturday, February 18, 2006 Web site showing arrest OK at least till March 2 By Richard Nangle TELEGRAM & GAZETTE STAFF [EMAIL PROTECTED] WORCESTER— A federal judge yesterday issued a temporary restraining order prohibiting the Massachusetts State Police from taking action against a Leominster woman for posting on her Web site a video of an arrest conducted by state police assigned to Worcester District Attorney John J. Conte's office. Federal Judge F. Dennis Saylor IV ruled the restraining order will be in effect until March 2. The matter will be taken up again in federal court here on Feb. 28. State police had threatened Web site operator Mary T. Jean with a felony charge for posting the videotape at www.conte2006.com. The video shows troopers arresting Paul Pechonis at his Northboro home on Sept. 29 and then apparently conducting a search of the premises. Although the name of the Web site suggests a re-election campaign, Ms. Jean obtained the domain name with an eye on publicizing examples of what she believes are the district attorney's repeated abuses of power. She said the video in question indicates police did not show a search warrant. State police sent a cease-and-desist letter dated Tuesday to Ms. Jean, giving her 48 hours to remove the video from her Web site. She received the letter on Wednesday and sought legal counsel. "Be advised that this secret, unauthorized audio/video recording is in violation of M.G.L. c.272, 99 and subject to prosecution as a felony," the letter read in part. In his pleading to the court submitted yesterday, Ms. Jean's lawyer, Daniel J. Shea, insisted she was within her rights and that state police lacked judicial authority to require her to remove the video from her Web site. "The nature of the plaintiff's injury is deprivation of her constitutionally protected free speech by the chilling effects of an impermissible exercise of the commonwealth's police powers," Mr. Shea wrote. He said the statute in question was an anti-wiretapping law directed at organized crime. "Understandably, the posting of this videotape on the plaintiff's Web site is an embarrassment to the defendant Massachusetts State Police and Mr. Conte." State police spokeswoman Lt. Sharon Costine said on Wednesday that unless Ms. Jean removes the video from her Web site, state police would have to determine whether she made the tape or simply posted it. Ms. Jean claims she did not make the tape, but posted it after receiving a copy from Mr. Pechonis. Posting it would be a misdemeanor if the statute applies to the case. Lt. Costine said Mr. Pechonis also has received a copy of the cease-and-desist letter, dated Wednesday. Mr. Pechonis claims the video was made inadvertently by a child security system he had set up in his home. He says he has not received a letter from state police. Mr. Pechonis, 46, of 17 Milk Porridge Circle, Northboro, is charged with threatening to commit a crime (murder) against Marlboro Police Officer James P. Gough. He allegedly posted photos of himself carrying weapons and the words "Death to Pig Gough" on a Web site. He is free on $20,000 cash bail set by a Marlboro District Court judge. In a pending case in Worcester, Mr. Pechonis is alleged to have called for the "resignation or execution" of Westboro District Court's presiding justice, Paul S. Waickowski, on another Web site. Contact Richard Nangle by e-mail at [EMAIL PROTECTED] -------------------------- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -------------------------- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: osint@yahoogroups.com Subscribe: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. OSINT, as a part of The Intelligence Network, is making it available without profit to OSINT YahooGroups members who have expressed a prior interest in receiving the included information in their efforts to advance the understanding of intelligence and law enforcement organizations, their activities, methods, techniques, human rights, civil liberties, social justice and other intelligence related issues, for non-profit research and educational purposes only. We believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/osint/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
