GUILTY NY - Joseph Comunale, 26, Manhattan, 12 Nov 2016 - #3

[cvaldez1975]

why didn't they get a warrant? to get it from Apple

Agreed. Apparently, they are relying on JR to give up his passcode. Which he hasn't done. From same link:

"Prior to the widespread use of encryption on modern Apple and Google smartphones beginning around 2014, prosecutors could easily access a defendant's text messages, photographs and other potentially useful hints stored on a device after obtaining a search warrant."

 

[Vedder]

why didn't they get a warrant? to get it from Apple

Apple makes them jump through hoops, and even then they use their discretion in accepting or rejecting the request.

https://www.apple.com/legal/privacy/law-enforcement-guidelines-us.pdf

 

[HastingsChi]

Apple makes them jump through hoops, and even then they use their discretion in accepting or rejecting the request.

https://www.apple.com/legal/privacy/law-enforcement-guidelines-us.pdf

But, as we learned with San Bernardino, there are methods utilized by the feds which circumvent Apple to obtain the data. The issue with San Bernardino was user error which rendered the device inaccessible, causing them to have to go to Apple. In the end, the feds used a private company to gain access to the data and Apple did not provide it.

 

[Momoffourboys]

Snip

Manhattan DA Cyrus Vance Jr. has been a vocal opponent of the ironclad encryption protections used by big technology companies that are meant to guard consumers but can create headaches for law enforcement.

In March 2016, Vance testified before the U.S. House of Representatives Committee on the Judiciary about the issue of encryption and law enforcement.

"iPhones are now the first consumer products in American history that are beyond the reach of Fourth Amendment warrants," Vance's written testimony said.

He said that "default device encryption cripples even the most basic steps of a criminal investigation," in an age where phones commonly store what suspects formerly had in safes and filing cabinets.

From same link above.

 

[cnmccarthy]

It's password protected. They can't get in.

Oh I guess I'm thinking of the crime tv shows where they have the people who can hack into the phone or computer. -sheepish look-


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[HastingsChi]

Snip

Manhattan DA Cyrus Vance Jr. has been a vocal opponent of the ironclad encryption protections used by big technology companies that are meant to guard consumers but can create headaches for law enforcement.

In March 2016, Vance testified before the U.S. House of Representatives Committee on the Judiciary about the issue of encryption and law enforcement.

"iPhones are now the first consumer products in American history that are beyond the reach of Fourth Amendment warrants," Vance's written testimony said.

He said that "default device encryption cripples even the most basic steps of a criminal investigation," in an age where phones commonly store what suspects formerly had in safes and filing cabinets.

From same link above.

This article shares the ACTUAL FACTS which contradict the claims by you and Vance:
https://arstechnica.com/tech-policy...miami-police-bust-into-seized-iphone-6/?amp=1

 

[cvaldez1975]

i dont understand why they don't have to comply w warrants. everyone else does.

Snip

Manhattan DA Cyrus Vance Jr. has been a vocal opponent of the ironclad encryption protections used by big technology companies that are meant to guard consumers but can create headaches for law enforcement.

In March 2016, Vance testified before the U.S. House of Representatives Committee on the Judiciary about the issue of encryption and law enforcement.

"iPhones are now the first consumer products in American history that are beyond the reach of Fourth Amendment warrants," Vance's written testimony said.

He said that "default device encryption cripples even the most basic steps of a criminal investigation," in an age where phones commonly store what suspects formerly had in safes and filing cabinets.

From same link above.

 

[Momoffourboys]

i dont understand why they don't have to comply w warrants. everyone else does.

Me neither. That's what a warrant is for. To gain access.

 

[Niner]

Department of corrections inmate lookup (nyc.gov) just plug in their first and last names

Thanks for the link, but this doesn't really tell me his next court date. I'm going to leave it as Oct. 3rd for all of them.

Thanks again for the help! :wave:

 

[Momoffourboys]

Thanks for the link, but this doesn't really tell me his next court date. I'm going to leave it as Oct. 3rd for all of them.

Thanks again for the help! :wave:

Next court appearance is 10/3/17 for all three defendants.

https://iapps.courts.state.ny.us/we...ype=C&recordNum=F9Q/wgPMwr_PLUS_k9xFury97aA==

 

[Vedder]

Oh I guess I'm thinking of the crime tv shows where they have the people who can hack into the phone or computer. -sheepish look-


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Penelope Garcia on Criminal Minds

 

[TeaTime]

Dilione, who was partying with JC during the evening, beat him into unconsciousness over cigarettes and then Rackover decided to kill him so as to not return to jail?

I don't believe any of it. If Dilione was the one who initially injured JC, Rackover would not go to jail over it and being a criminal, he would know this. He would not be charged with a crime that Dilone committed - even if it happened in his apartment.

Ridiculous.

No one had pants on? Oh please. I think these 2 and maybe Gemma are rapists. This was a sex crime and they are never going to admit it. I think JC was drunk/drugged/ passed out and they raped him and then killed him because he woke up.

Animals.

JMHO

 

[cnmccarthy]

Penelope Garcia on Criminal Minds

Exactly! [emoji4]

 

[Niner]

Next court appearance is 10/3/17 for all three defendants.

https://iapps.courts.state.ny.us/we...ype=C&recordNum=F9Q/wgPMwr_PLUS_k9xFury97aA==

Thank you - that's is what I thought. There was no "back-up" link for that date for 9/19.

Thanks again! :wave:

 

[HastingsChi]

Dilione, who was partying with JC during the evening, beat him into unconsciousness over cigarettes and then Rackover decided to kill him so as to not return to jail?

I don't believe any of it. If Dilione was the one who initially injured JC, Rackover would not go to jail over it and being a criminal, he would know this. He would not be charged with a crime that Dilone committed - even if it happened in his apartment.

Ridiculous.

No one had pants on? Oh please. I think these 2 and maybe Gemma are rapists. This was a sex crime and they are never going to admit it. I think JC was drunk/drugged/ passed out and they raped him and then killed him because he woke up.

Animals.

JMHO

You're drawing conclusions before any evidence has been presented to substantiate them.

While I agree that the cigarette story is far-fetched, your sex crime theory is equally far-fetched at this point.

Based on the known evidence, admitted drug use by the folks in the apartment and the fact that a big safe was wheeled out of James Rackover's apartment, we might consider that the reason for the escalation from fight to murder might have to do with drugs rather than sex.

 

[Whiskers16]

OT- just want to highlight that WebSleuths is in dire need of donations if you can spare a few dollars. Latest announcement from Tricia here: http://www.websleuths.com/forums/announcement.php?a=310

 

[not1more]

Next court appearance is 10/3/17 for all three defendants.

https://iapps.courts.state.ny.us/we...ype=C&recordNum=F9Q/wgPMwr_PLUS_k9xFury97aA==

Any news?

 

[Momoffourboys]

Any news?

Webcrims hasn't been updated yet. I'll keep an eye on it.

 

[Niner]

Google Alert - sharing...//

Defendant in ‘jeweler to the stars’ case wants separate trial
http://nypost.com/2017/10/03/defendant-in-jeweler-to-the-stars-case-wants-separate-trial/

A Florida ex-con charged in the murder of a Connecticut man in a swank midtown apartment will argue at trial that his co-defendant pal is the real killer, lawyers said in newly filed court papers.
[.....]
It is the first time that Rackover’s defense team has explicitly fingered Dilione for the gruesome Nov. 13, 2016, slaying of Hofstra grad Joseph Comunale ......
[.....]
The lawyers’ motions are in response to Assistant District Attorney Antoinette Carter’s filing opposing separate trials on the grounds that their defenses’ aren’t sufficiently at odds.

more in article.

And of course, they don't give the next court date.... :gaah:

If anyone finds one - it would be very much appreciated!! :wave:

 

[finine]

Google Alert - sharing...//

Defendant in ‘jeweler to the stars’ case wants separate trial
http://nypost.com/2017/10/03/defendant-in-jeweler-to-the-stars-case-wants-separate-trial/

A Florida ex-con charged in the murder of a Connecticut man in a swank midtown apartment will argue at trial that his co-defendant pal is the real killer, lawyers said in newly filed court papers.
[.....]
It is the first time that Rackover’s defense team has explicitly fingered Dilione for the gruesome Nov. 13, 2016, slaying of Hofstra grad Joseph Comunale ......
[.....]
The lawyers’ motions are in response to Assistant District Attorney Antoinette Carter’s filing opposing separate trials on the grounds that their defenses’ aren’t sufficiently at odds.

more in article.

And of course, they don't give the next court date.... :gaah:

If anyone finds one - it would be very much appreciated!! :wave:

This case is so sad. We'll probably never know the true story of what happened to poor Joey.


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