This is the beginning series of several posts to come in the future. Back in the day when Jim Rapp and I had our situation at the Salisbury Zoo, Jim called the Police on me. When they arrived, (mind you, I was 50 yards outside of the Zoo at this point) they immediately informed me that I was trespassing in a PUBLIC ZOO and I must leave.
The following audio is of the Detective explaining to me that I could not record our conversation and I respectfully turned it off. However, I had every right to record what was going on and in fact the Salisbury Police Department Detective broke the law. He threatened to confiscate my equipment and lock me up if I did not cooperate.
Much More To Come Folks!
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
22 comments:
So, in short what you are saying, is that you were there bothering them, and when they asked you to leave, you refused, so they called the police, the same police that you bitch about not doing their jobs.
so now these same police have to come deal with you being an ass. wasting my tax money, while they could be taking a dealer off the street, or dealing with some other real problem.
great, thanks,
btw, if anything you said would actually present a true case, you would be in court not bitching about it on your blogg.
please leave these people the hell alone so they can do their jobs, and my tax money isnt wasted on someone like you who just likes to show his ass to the police of a town you dont even live in.
for christ sake you live in DELMAR
stay there
Joe:
Who cares about this?
Sharp must be Barrie Tilghman.
Don't think for one second that Barrie Tilghman and Mike Dunn don't participate fully with comments on the Blogs Folks!
First of all, let's tear their comment apart.
Since when did I state, "same police that you bitch about not doing their jobs."
This is yet another "suggestive" move on Barrie's behalf. This happens when they're in deep doo doo and they start twisting words around in the hopes people will believe what they're saying. Ask any Police Officer if I am for or against them Barrie and see what you come up with.
The Detective that came to this location and did what he did was in the wrong and was preset to do anything he could against me.
sharp said.....
"so now these same police have to come deal with you being an ass. wasting my tax money, while they could be taking a dealer off the street, or dealing with some other real problem."
Don't you think you should try to keep your mouth shut before I put out all the other evidence against the City/Zoo?
sharp said.....
"btw, if anything you said would actually present a true case, you would be in court not bitching about it on your blogg."
Don't YOU think if I was lying I'd be in Jail right now? Dee, Dee, Deeee!
sharp said.....
"please leave these people the hell alone so they can do their jobs, and my tax money isnt wasted on someone like you who just likes to show his ass to the police of a town you dont even live in."
I can assure you, I am FAR more heavily invested in Salisbury than you are, so bite me. Secondly, perhaps you should be suggesting to Jim Rapp he follow this portion of your message as they have never been able to prove I did anything wrong at the Zoo.
In fact, wait till you see what Davis Ruark and others have seen on video and you'll realize you should be back to being a Housewife and not in charge of any City. I'd be careful Barrie Tilghman, little by little the bomb is about to drop on you, Rapp & Webster.
I just love making them sweat!
Rat & Sharp,
One other note. The post wasn't up 3 minutes before you made comments. Looks like the City is out to make damn sure they're right on top of any post against them as this is becoming very clear any more.
It also looks like Barrie & Webster have a lot to defend and hide!!!!!
Funny enough, when I logged on earlier, that was the first time I had peeked over here today
I dont come here very often, and I post even less, so its funny that when I do post, I get accused of being the barry tilghman.
There is a lot of things that I have read here that I agree wholeheartily with, while some others are pathetic.
I could care less what kind of problem you have with the zoo, that point is moot.
So, you had a problem with Jim Rapp ( whoever the hell that is ) and they called the police. They then asked you to leave the zoo property. you refused. That puts you in the wonrg.
now then, you say you were 50 yards outside the zoo. Im pretty sure if I go pull the ortho quads and lay over some tax maps, ill find that you were probobly still technically on the "zoo" property. And that still makes you wrong.
it doesnt really matter whether you have more invested in salisbury than me or not, you still dont live there, neither do I.
The housewife comment is just ignorant, I trully hope you show that one to your wife. I know were I to say something like that to my wife, it would be pretty ugly around the house.
Anywho, have a great day.
The only other thing I have to say on the matter is, I find it sad that anytime anyone posts against anything you have to say, you accuse them of being someone on the county concil or some other person you have some kind of problem with. I would imagine they are doing far more important things then bothering to argue with you on your blogg.
There are a great many people out there who do not agree with you. I for one wouldnt know barry tilghman if she ran into me (god help me). By acusing us of being some city person, or zoo person, or whoever you have issues with, you do a disservice to yourself.
You have a lot of great points in your blogg stories, keep up the good work on them, but please, when you accuse anyone who disagrees with you on a matter of being someone who you dont get along with, its just makes you look bad.
peace,
sharp
as the stomach churns...
I really hate for it to seem like I'm defending Joe, but isn't there a clause in that code that provides for an except if the person doing the recording knows, or has reason to believe the conversation will include discussion of past, present or future criminal behavior?... I always record confrontation with cops because they frequently violate the law.
I'm not Barrie Tilgman, Mike Dunn or any of the other peole you're paranoid of. i agree with Sharp. Stay the hell in your own town if you hate Salisbury so much.
Sharp,
You need to read your comment over and over and over again because you are so full of crap it isn't funny.
I'm not going to get into any more of it with you, I can see right through your BS.
Being the owner of a Blog and or even representing one, I have EVERY right to record anything I want, especially in a Public Place.
Nice try though.
Bring it on!!!!!!!!
The Police were VERY aware I had the equipment on me. The States Attorneys Office clearly stated they had no right to "force" me to turn it off. You people are pretty crappy attorneys if you actually believe this falls into the same category.
The Police are "Public Servants" as well as the Staff at the Salisbury Zoo. All of this happened in a Public Place, none of what your claiming applies. Again, nice try.
Ocean,
TY for your professional input. However, (I'm NOT a lawyer) I made mention of no names nor am I or would I ever be in fear of the City/Chief coming after me legally. Like I said, bring it on.
Believe me, there will be more to come.........
VERY well put Ocean.
And of course you are right. If I had a client in his shoes I would advise we ask for a Stet based on the fact that he did turn the tape off, and from the sounds on the tape he was not conscious of the fact that he was audio taping [That he SHOULD HAVE KNOWN notwithstanding], in fact it sounds as if he had to check to see if the audio record function ws on. And if the STET would not fly, I would advise NG Agreed Facts, and beg for a PBJ.
Now IDIOT, any cop worth his salt would have slam dunked your ass in a New York Second if you had failed to turn that tape off, and you would have been convicted of a felony. As Ocean can tell you, that is a life altering experience.
Furthermore, it could be argued that you NOW know that you illegally taped someone, and you are continuing to violate the law. And since it is a felony, any cop, even Mike Lewis, could lock you up ON SIGHT with the probable cause you have presented right here on your own blog.
Perhaps you wanna be lawyers never heard of the Rodney King Case?
You would be thinking of the Rodney King case that was in Claifornia, where MARYLAND law does not apply.
If you must know. That law here in MD arose out of an incident when Crisfield's own Millard J. Tawes was Governor. Someone (no doubt a New Yorker) taped him-secretly. Sometime later the Gov. told a fib, and the person played the tape to the press. The Gov. was SO mad, he had a law passed.
Joe, no man can be right EVERY time. I know you do not beleive me or Ocean, but there must be SOME lawyer you do trust. Ask him or her. Hell ask Davis. (Now he might tell you he would not prosecute such a crime, which is his sole and absolute right), but you CAN be charged with the crime.
Let me be even more clear here. I am going to produce more and more every so often and the facts will come out.
I am NOT at all afraid of presenting any of this and as much as some would like to attempt to scare me off from doing so, I will not.
What cracks me up is the fact that so many have challenged me stating that I did not have a tape at all and now that I introduce it, you're trying to scare me off from producing it any further.
It would be worth doing time for producing it, rather than another cover up by the Mayor, Jim Rapp and others. Sit back, pop some pop corn and enjoy the show Folks because these guys are going down and they're running scared.
joe,
good for you. don't back down from spd.
Thank_You_Delmarva
(and other disbelievers)
Sir, you are free to do as you wish, but it IS illegal to tape someone, public official or not. If I were a police officer, and knew, or had probable cause to believe, that you were taping me (or anyone else) without permission, I would warn you, if you did not immediately comply, I would, using whatever force was required, take you into custody. And you could scream and holler, and attempt to sue until Hell froze over, but you would be arrested and charged, and if the State’s Attorney elected to prosecute the case, you would, in all probability (one NEVER knows what a jury will do) be found guilty.
I am not sure if you (or others) are questioning whether or not it is illegal, or are you acknowledging it is illegal but are questioning WHY it is illegal?
I am sure that many of you are aware (or even seen) the video camera in local police cars. Did you ever wonder why they do not have audio capability? In many states, the officers DO record their roadside stops, now the officers even wear cordless microphones that relay the audio back to the recording equipment. But NOT in Maryland.
Gotta ask has posted the law for all of you to read. Do you not believe it? Do you think gotta ask just made that stuff up? Do you think he posted the law, but do not understand the law? Which is it?
As to you Joe: I think you now understand and believe that it is illegal, I KNOW you are no fool. Those folks who posted the law, and commented on how that might apply to you have no stake in the zoo business. Post whatever you like. I do not think anyone who has posted here has asked you to not post the audios, Hell most of us are just as nosey as the next guy, and are dying to hear it. I just wish you would post it all at once instead of teasing us. It is as bad as the local TV stations using a “teaser” during the regular programming, “Snow is in the air, will Delmarva get buried? Bob will tell us how much at NEWS AT SIX.”
Professor Kate-
Are you implying that those of us who have pointed out that Joe’s actions were illegal are in some way “beating up” on Joe, or his family? The posts about the AUDIO TAPING have nothing to do with his right to be in the zoo or anything else. They are not “Joe Bashing”. They are polite cerebral discussions about a legal point. I could care less if Joe spends all day in the Zoo, in fact I applaud his efforts to make life better for the denizens of the Zoo (I did not see any reason for him to take unflattering photographs of someone’s behind. That just seemed juvenile and petty, and diminishes the legitimacy of his photographic evidence of dead animals, and mistreated animals. I also think that in a calm, reasoned, face-to-face discussion; Joe would agree that those mean spirited pictures were not “journalism”.)
Nosweat
The Wicomico County Liquor Control Board and/or its agents were violating the law.
As to why the officer chose not to seize Joe’s tape as evidence, I can only speculate. He did not need the tape as evidence if he was not going to charge Joe. And he shouldn’t have charged Joe. It seemed clear that Joe:
A. did not know it was illegal.
B. Was not even sure he was audio recording.
C: Complied immediately with the officer’s directive.
Not that A., B., or C., either individually or collectively are a defense to the crime or would prevent the officer from charging him. It is just the proper use of “officer discretion”.
hadleyvrootsendale said.....
"I did not see any reason for him to take unflattering photographs of someone’s behind."
Interesting comment. First of all, "I" never posted any unflattering pictures, Hadley did. Secondly, "IF" you were to have looked closely at the picture I believe you're talking abouto, Carrie Samis was wearing sandals in the Zoo. The picture was taken when I first got my new digital camera and didn't have the zom lens that I now have today. With the new lens I can easily show just her feet, which would have been "my" intent. Hadley used the picture to attack Carrie, NOT Joe Albero, sop remember that.
"Joe would agree that those mean spirited pictures were not “journalism"
Read comment above.
"Not that A., B., or C., either individually or collectively are a defense to the crime or would prevent the officer from charging him. It is just the proper use of “officer discretion”."
Interesting statement. Now, I supposedly struck Jim Rapp physically and the Police Officers didn't arrest me. Heck, perhaps I should post the list of charges against me that day, (I believe there were 19) and yet they didn't arrest me. Might I add, I wasn't a nice person at all to the Police Officers who immediately walked in and said, (without every saying anything to anyone) "Is this the guy that has been causing all the problems here at the Zoo?" Jim Rapp replied, "Yes." It was a complete set up and the tape will prove just that.
No arrest, no reality, all BS. Hadley, let me teach you a little something about the LAW. You must have missed this class, as well as the class that once your client pays you up front, you don't try to get out of their case 2 days before trial.
IF it was concealed and they didn't know there was equipment, then it might be considered illegal. The Police Officers even asked me if the camera audio was on, therefore it was NOT concealed. Go back to class!
Probably because it IS Mike Dunn.
Ocean,
Let's you and I get something straight here. Jim Rapp and Staff had some 30+ charges against me. Should a Judge have a bad day, even with all the evidence I had, one charge that could have stuck against me could have left me with a record, period. Not wanting to take "any" chances on that, "I" agreed to remove myself from the Zoo for 2 years. "IF" you'd like to e-mail me personally, I'll share something with you I'd prefer not go public that will change your thinking about what went down with the Zoo and the resolution of such.
I can honestly tell you, I am MORE than comfortable with the resolution of the entire case there. Now, use your head for a minute. Do YOU think "anyone" would be on the attack against me from the Zoo if they in FACT did gain any ground with me on that entire deal?
IF you're a good attorney, (I'm NOT challenging you) you would clearly see that they're still upset about the entire deal. The Mayor, Jim Rapp and Paul Wilbur know what I know and you can believe one thing, they are NOT happy! Let's just say I got almost exactly what I wanted:-) :-) :-)
Joe, as Ocean pointed out to you. The cops can not arrest you for a misdemeanor not committed in their presence [there are certain exceptions - which do not apply to the case at hand].
So, to answer you question, THAT is why the officer could not arrest you for Rapp's accusations on that day.
He COULD have arrested you for the audio taping.
Regarding the unflattering picture. YOU took it, and submitted it for publication, all you had to do is ask, and it would have been removed from JFA.
Now how do you explain the unflattering photos of the Mayor that YOU posted.
As a journalist, why would you find it necessary to post a picture of her while she was shopping? Where is the news value.
There is NONE! You did it to further you personal vendetta against her.
Which is it Joe, are you a journalist or a loudmouthed bully?
I know, where you came from everyone was either a bully or a pussy. Well, you have chosen to move here and live in a different place than New York City. Here being polite, courteous, and respectful of the the feelings of others is not considered unmanly. You are in the South, where chivalry and honor are considered manly qualities.
Katie, me girl, in your classes, does Newton's apple fall UP? Have you no respect for, reason, logic, and truth?
Interesting stuff Hadley.
However, "I" did demand you remove that picture of Carrie and although it took you a while, you finally did take it down. Carrie Samis will remember that and that's all that counts.
However, I'm not so convinced "you're" Hadley/Charles any more. Nice try though.
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