FL (Democrat & election reform) activist charged with FELONY wiretapping

[truthpusher]

http://www.rawstory.com/news/2006/Florida_activist_candidate_charged_with_felony_1017.html



Florida activist, candidate charged with felony wiretapping

10/17/2006 @ 10:41 am
Filed by Miriam Raftery

The State of Florida has filed felony wiretapping charges against election reform activist Charles Grapski for audiotaping his efforts to obtain public records related to his investigation of alleged election fraud, RAW STORY has learned. He faces arraignment Tuesday, October 17th.

(snip)

"This is such a severe case of silencing and a violation of the First Amendment," said Carol Thomas, co-coordinator of Grapski's defense committee, along with Scott Doran. "He has been as effectively banned as any black person in South Africa during Apartheid. He is not able to contact any officials by snail mail, fax, telephone, e-mail, or even a third party person."

Grapski is charged with felony wiretapping for making an audiotape of his efforts to obtain documents at City Hall. Those documents related to a lawsuit alleging fraud in the canvassing of absentee ballots in the election of Commissioner James A. Lewis, who won by 18 absentee votes.

"This is not the first time that sitting Commissioners who are candidates for an election have won by absentee votes. This seems to be a chronic problem here and nobody takes it seriously," Thomas said. "Suddenly absentee ballots disappear. It's outrageous."

(snip)

"He didn't do anything a newspaper reporter doesn't do every day. It's absurd," Thomas said. "While he was being arrested, the editor of a newspaper was in there audiotaping this." A third person, Green Party representative Michael Canney, was also present making audiotapes. Canney and Grapski have been threatened with additional charges, but the newspaper editor has not, Thomas said.

(snip)

He added, "If I don't exercise my right to a speedy trial, they can hold this over me for several years. But if we demand speedy trial, we have a window of a week to act." The trial would then take place around Thanksgiving, he said, adding, "We are determined to get this over as quickly as possible."

(snip)

link: http://www.rawstory.com/printstory.php?story=3573

[MadMaddie]

1. So it's started....

[ballsalicious]

2. this is a little scary...

[Robbien]

3. It is good this happened before Habeas Corpus was killed

At this time he gets a chance to stop the bastards.

Next time who knows.

[nashville_brook]

4. uh, where's the outrage, my DU commrades? KnR, my sleepy friends.

hellllooo!

here's a guy who did nothing more than make a physical record of his thrwarted attempts to work in the system to protect our right to vote.
is everyone asleep? does this not appear to you (as it does to me) as DIRECT RETALIATION against an ELECTION REFORM activist?

am i reading this wrong? what's with all the yawns?

[rmgarrette64]

6. Wasn't this wrong when Linda Tripp did it?

Nothing further, really. But that may be why there are so many yawns. Wiretapping is wiretapping, even when you agree with the people doing it.

R. Garrett

[Katzenjammer]

13. Linda Tripp taped a private conversation about a private activity

If you still don't see the difference, study on it a bit more.

[The Backlash Cometh]

21. Florida laws have strong precedent. Tripp would have gone to the

big house, without question, if she had taped from Florida. The only place where it's illegal to tape someone without their knowledge, is in a personal residence. (unless something's changed in the last few years.)

I'm not a lawyer, but I have taken a class from a lawyer who specialized in wire tapping law. Here's the case law that we studied on the matter:

State v. Inciarrano, 473 So. 2d 1272 (Fla. 1985).
State v. Walls, 356 So. 2d 294 (Fla. 1978).
State v. Tsavaris

[EC]

35. Linda Tripp recorded a private conversation, without telling

Monica...This guy used a handheld in the open, in a Public Place, asking for Public records...it's not wiretapping, it's notetaking, just like any lecture, college class, carrying a recorder on vacation or tours....

[truthpusher]

7. No shit - Chris Rocks Cracker Barrel post has more K&R's...

...and this is being ignored as far as I can tell...

...one of our comrads gets silenced...where is the outrage?

[pa28]

5. Chilling.

In Bushworld to be a citizen is to be a suspect.

[DoYouEverWonder]

8. FL Activist?

People need to read up on this fellow's history before they waste their time supporting his cause.

There's a thread in GD about my opinion of Mr. Grapski for anyone who would like to know more.

[truthpusher]

10. Link to your thread?

[DoYouEverWonder]

11. Here you go

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x2413423

[Name removed]

27. Deleted message

Message removed by moderator. Click here to review the message board rules.

[truthisfreedom]

9. k'n'r

frightening little story, that.

[Katzenjammer]

12. YAV -- this is fscking important, people! (nt)

[sakabatou]

14. K&R

[kestrel91316]

15. K & R

[Zhade]

16. KandR against fascism.

NT!

[greeneyedboy]

17. what is the law on recordings in the state of FL?

and how can supporters help his legal defense fund?

[mirandapriestly]

18. I don't get it, how did he break the law?nt

[SnowGoose]

19. Wow! In Michigan, you're legally entitiled to record

any conversation you're in.

I would have hoped similar laws would exist in the other states as well.

[The Backlash Cometh]

20. Florida wiretapping laws are very clear. If he did the wiretapping in

someone's business office or city office, the tapings are legal. If he did it in someone's home, even his own, and he was taping one other person without that person's knowledge, then he's in trouble.

If someone wants the case law on this, let me know. It was a case study for one of my classes. As long as there haven't been any new cases to change precedent in the last few years, I don't see the problem.

[Pab Sungenis]

23. I seem to remember reading, either in another thread or KOS

...that the other party (the one signing the complaint) WAS told he was being taped, AND was taping the conversation himself. If that's the case, and he didn't express an objection, then the recording is legal, and will reflect that fact.

[The Backlash Cometh]

24. Exactly. So, this is nothing more than small-town Florida tactics.

This is what we local "activists" have had to put up with. I hope he airs it publicly to bring attention to the crap we have to put up with from our local government. God, it gets me so mad. Where the hell is the FBI when you need them? They should bust the Attorney General's Office too for being complicit in these crimes of trust and conscience.

[NVMojo]

22. kick

[Renew Deal]

25. This guy was one of the organizers of Democracy Fest in San Diego.

I remember meeting him. He showed a few of us a video of him stirring things up in some legislative chamber. Otherwise he seemed like your garden variety activist.

[Heidi]

26. UPDATE: Local activist pleads not guilty

Wednesday, October 18, 2006 1:00 a.m

Local activist pleads not guilty

By ELIZABETH HILLAKER
Alligator Writer

A former UF instructor pleaded not guilty Tuesday on charges that he illegally tape-recorded an Alachua city official.

Alachua City Manager Clovis Watson Jr.'s suit against Charlie Grapski is controversial because Grapski was a plaintiff in a separate suit against Alachua about its City Commission elections. That suit alleges that election laws were not followed.

Grapski's defense attorney has already entered a plea of "not guilty" in Watson's suit.

"This is not just about me," Grapski said at a news conference outside the Alachua County Courthouse. "This is about ethical government and the democratic process."

The rest of the article: http://www.alligator.org/pt2/061018grapski.php

[progressoid]

28. OMG!

[HuffleClaw]

29. MEEP

and in FLORIDA of course. what a scary scary development. are there any lengths they WON'T go to in an effort to hide their proven pattern of electoral fraud?

[warrens]

30. Absurd

This is plain old harassment. I hope he sues them for every penny they have.

[yellerpup]

31. "Suddenly absentee ballots disappear. It's outrageous."

Free Grapski! K&R :kick: :kick: :kick:

[ooglymoogly]

32. is it fascism yet

scary that this has become a rhetorical question.

[mark414]

33. but it's okay when the president does it?

[nicknameless]

34. This falls FAR outside the actual definition of "wiretapping".

He didn't "tap" a wire to get the information. (Telephone or telegraph)

They could have charged him with illegally taping a conversation -- But ONLY if that's against state law.

Wonder if there are any Florida laws against making absentee ballots disappear. :eyes:

[Bushfire]

36. Kick. Too late to recommend.

24hrs are up.... Florida laws suck.