Posts on Apr 2018

Police: Muncie man placed hidden camera in ex-girlfriend’s bedroom

Jordan Charbeneau

MUNCIE, Ind. – Police said a man placed a hidden camera in the Muncie apartment of his former girlfriend.

Jordan Charles Charbeneau, 21, allegedly admitted to a city police officer that he left the device in the woman’s bedroom “with intent to use it to monitor her if need be,” according to an affidavit.

The camera was capable of transmitting video images from the woman’s home to Charbeneau’s cellphone, the report said.

Charbeneau – listed as living in the same northside apartment complex as his accuser, and at a Greenfield address – was arrested early Wednesday after dispatchers received a report he had tried to break into the woman’s Marleon Drive home.

He reportedly acknowledged to police he had opened her apartment’s front door, but maintained he did not go inside.

Preliminarily charged with voyeurism, stalking and criminal confinement, Charbeneau was being held in the Delaware County jail under a $15,000 bond.

The Muncie man also reportedly confirmed the woman’s claim that he had confined her in his apartment early Saturday, holding a door closed so she could not leave.

He also “stated that he had a temper and that he ‘was not done talking’ to (his ex-girlfriend),” the report said.

The officer said the woman was “placed in a state of terror” as a result of “ongoing unwanted communication from Jordan.”

Investigators seized the electronic device left in the woman’s bedroom, along with Charbeneau’s phone.

Records reflect trespass and criminal mischief charges filed against Charbeneau in Shelby Superior Court 2 in 2016 were dismissed as part of an agreement that saw him perform community service work.

Douglas Walker is a news reporter at The Star Press. Contact him at 765-213-5851 or at dwalker@muncie.gannett.com.

Source: StarPress

Kuwaiti husband in the dock for eavesdropping on his wife

Kuwait City: A Kuwaiti national is facing a lawsuit on charges of eavesdropping his own wife, according to Al-rai newspaper. 

He planted a spying device and a Global Positioning System (GPS) tracking device in his wife’s car to monitor her movements and hear her conversations.

An employee at a car washing station in the industrial zone of Al-Showeikh discovered the planted devices and informed the woman who filed a complaint against her husband.

The woman had left her husband’s house three months ago following a violent argument.

Source: GDN Online

Prince George’s Co. police investigating hidden camera found inside school administrative office

PALMER PARK, Md. – Prince George’s County police and school officials said an investigation is underway after a hidden video recording device was discovered inside an administrative office at a school.

Prince George’s County Public Schools CEO Dr. Kevin Maxwell said police were notified after the camera was found Monday morning by the person who works in the office.

Police believe the camera could be accessed remotely and was there for several months. Investigators are now completing a forensic analysis of the device to determine what may have been recorded.

Prince George’s County Police Chief Hank Stawinski emphasized that it’s unlikely the camera was there to film children. Stawinski said he believes the device was being used to gather information.

“It is entirely unclear at this point as to what the goal of gathering that information was, but I want to reassure parents and the community that it wasn’t in public place or a locker room or a bathroom where young people might have images captured of them,” the police chief said. “Beyond that, I want to be very judicious in what I say because it is an active investigation by our Public Corruption Squad.”

Police would not name the school where the camera was found because they do not want to identify the victim.

“We do not believe it was intended for criminal purposes, but at this point of the investigation, we are unclear as to who authorized the placement of that device,” Stawinski said.

“In this case, I have asked the chief to investigate a matter in the school system and we thought together that it was best for us to make sure we came forward in a transparent way,” said Dr. Maxwell.

By: fox5dc.com staff , Lindsay Watts

Source: Fox5

‘Stingray’ Spy Devices Are Eavesdropping in Washington, D.C.: Here’s How

This undated handout photo provided by the U.S. Patent and Trademark Office shows the StingRay II, manufactured by Harris Corporation, of Melbourne, Fla., a cellular site simulator used for surveillance purposes. Federal law enforcement officials are routinely required to get a search warrant before using secretive and intrusive cellphone-tracking technology, but evidence suggests that spies and criminals may be using these rogue devices to intercept cellphone data.
Credit: U.S. Patent and Trademark/AP

Washington, D.C., may be home to spies and criminals using spying devices to intercept people’s cellphone calls and text messages.

In a March 26 letter, the U.S Department of Homeland Security publicly acknowledged, for the first time, that these devices, known as cell-site simulators, were being used anonymously in the country’s capital, the Associated Press reported. The devices, often known as Stingray devices, should be marketed and sold only to law enforcement agencies, but the new letter acknowledges that others are using the devices and that they pose a “real and growing risk.”

But what exactly are cell-site simulators, and is there anything people can do to protect themselves against snooping?

“They are essentially a fake cell tower that tricks phones into connecting to it and can then obtain the phone’s location and track the phone’s location,” said Cooper Quintin, a senior technologist and security researcher at the Electronic Frontier Foundation, a nonprofit digital-rights group based in San Francisco.

How they work

In older, 2G networks (an earlier version of the cellular network), cellphones were required to verify themselves, or prove that the person using the cellphone had a valid service plan. But towers did not have to verify themselves. So, any device that sent out similar signals to the cellphone tower could “impersonate” that specific tower, Quintin said.

Though more-advanced cellphone networks, such as 3G and 4G, have patched that security bug, the makers of these spying devices still tout their ability to track people’s phones, which means there are still security bugs in the cellular network being exploited, Quintin said.

“They also claim they can intercept conversations [and] intercept text messages, and [they] sometimes even say they can plant malware in peoples’ cellphones,” Cooper told Live Science. “None of their claims have been proven.”

The devices work by forcing phones to drop down to a lower, less secure 2G network, according to the AP.

Despite imitating cellphone towers, the devices can be small and incredibly inconspicuous, Quintin said. Some are set up in the backs of trucks that have a few antennas on them, but some are the size of a cellphone or are embedded in a vest.

Quintin built one that was the size of a small loaf of bread. (He placed it in a Faraday cage, so it could not connect to or disrupt other cellphone users.)

Little protection

Cell-site simulators don’t just violate people’s privacy; they can also be dangerous, Quintin said.

“From what we can tell, cell-site simulators disrupt cell service for everyone in the area, potentially even disrupting access to 911 for people in the area,” he said.

People who want to protect their communications can use end-to-end encryption with apps like Signal or WhatsApp, but people can do little to protect themselves against the location tracking of cell-tower simulators, Quintin said.

While law enforcement agencies are the primary lawful users of these devices, embassies in Washington, D.C., which are on “sovereign soil,” can also lawfully install a spying device.

Every embassy “worth their salt” has a cell-tower simulator installed, Aaron Turner, president of the mobile security consultancy IntegriCell, told the AP. The Russians have simulators that can track people from a mile (1.6 kilometers) away, Turner told the AP.

SOURCE: Live Science

Married former Waffle House CEO breaks down in court as jury is shown secretly recorded tape of him having sex with his housekeeper during her trial for ‘trying to extort him for millions’

  • Former Waffle House CEO Joe Rogers grew tearful in court Wednesday as audio of his sexual encounter with his housekeeper was played for the jury

  • Mye Brindle, the former housekeeper secretly recorded several sexual encounters with Rogers and said she did so to sue for sexual harassment

  • Rogers says all of the encounters were consensual and that Brindle and her lawyers were trying to extort him for millions

  • Rogers is married and said sex with his housekeeper had gone on for almost ten years

The former CEO of the Waffle House became tearful as an Atlanta jury listened to a lurid recording of him having sex with his housekeeper, during her trial for allegedly trying to extort him for millions.

Joe Rogers, 65, sat in court Wednesday and shook his head as jurors watched the secret sex tape his housekeeper Mye Brindle, 47, had made of them having sex in 2012.

In the video, filmed at Rogers home, he is seen nude and recently showered. He asks Brindle to adjust his back. She hides the camera under towels and he can be heard moaning. They then go into the bedroom, and Brindle retrieves the camera from under the towels and engage in a sexual act. The video lasts several minutes.   

The court file says that Brindle entered Rogers’ bathroom after his wife, Fran, left the house.

While it was played in court, Rogers bit his nails, as the jury intently listened in Atlanta Journal Constitution.

Brindle made 15 audio files and at least one video file of their sexual encounters. It is unclear if any other recordings will be played in court. 

 

Former Waffle House CEO Joe Rogers says he had an affair with his housekeeper, Mye Brindle for ten years – she claims it was sexual harassment. She then secretly taped their sexual encounters

On Tuesday, Rogers, who is now chairman for the chain, took the stand to testify against Brindle. She and her attorneys are accused of conspiring to record her and Rogers in a sexual act without his knowledge.   

During his testimony, Rogers said the audio the jury would hear was a typical sexual encounter with Brindle, who he had been having an affair with for more than nine years.

Fran Rogers was married to Joe Rogers through his sexual liaisons with their housekeeper

Meanwhile Brindle’s defense attorneys have argued she was justified in making the tapes as evidence she was sexually harassed for years – while Rogers says their encounters were always consensual. 

In Georgia Supreme Court in June of 2016, Brindle, along with her attorneys John Butters and David Cohen were indicted on charges that they tried to force Rogers to pay millions of dollars to prevent the recording from being released.

Rogers said he was threatened with a letter on July 16, 2012 that if he didn’t pay up, the sex video would cause ‘media attention,’ ‘injurious publicity,’ ‘protracted litigation,’ and ‘divorce and destruction of families.’

Rogers, who is married, claims he had ‘infrequent’ consensual sex with Brindle, while she worked for him between 2003 and June 2012.

After she quit her job, she filed a lawsuit claiming Rogers forced her to have sex with him as part of her employment. A judge later ruled that Brindle was a ‘willing participant’ in the sexual encounters.

Brian Robinson, spokesman for Brindle’s attorneys, said the indictment sends a ‘chilling message’ to victims of sexual abuse and those seeking help to attain justice.

‘The two attorneys indicted zealously represented their client, a victim of serial sexual abuse by her employer,’ Robinson said. ‘These indictments re-victimize the woman who dared to tell the truth about her powerful abuser and smear the attorneys who represented her.’ 

A judge ruled that the covertly recorded video didn’t imply that Rogers forced the woman to do anything she didn’t want to.

She also kept a towel that held Rogers’ DNA.

It was Brindle’s attorneys who sent her to a private investigator’s office, where she was given a spy camera that was used to record Rogers in his bedroom without his consent, according to court documents.

Cohen and Butters say that when Rogers learned Brindle planned to sue him for sexual harassment, he retaliated against her and her attorneys. They say Rogers threatened to sue any attorney representing Brindle for joining a criminal conspiracy against him.

Brindle, Butters and Cohen are charged with conspiracy to commit extortion, conspiracy to commit unlawful eavesdropping and eavesdropping.

The district attorney’s office said secretly recording someone in his own bedroom is eavesdropping, and is a felony in Georgia. It carries a sentence of one to five years. 

Cohen was ordered to pay $198,393 in legal fees for filing unnecessary litigation in the Rogers case, with the judge saying that Rogers shouldn’t have had to hire lawyers to defend himself against threats of disclosing sexual misconduct allegations. 

Rogers has previously spoken of his regret over the affair, saying he ‘let a lot of folks down’.

‘That was wrong of me and I am very sorry for the pain and embarrassment I’ve caused my wife and family. There is no excuse for what I have done,’ he said. ‘I am a victim of my own stupidity, but I am not going to be a victim of a crime – extortion.’ 

He added: ‘As personally embarrassing as this situation is for me, I am committed to the legal and law enforcement process to expose the motives of my former housekeeper and her attorneys.’

Rogers’ father opened his first Waffle House in Atlanta in 1955, growing the company into a major chain of restaurants throughout the South. There are now more than 2,100 locations in 25 states.

By Jessica Finn

Source: Daily Mail

Two Lawyers and Client on Trial (eavesdropping law) Over Waffle House Sex Tape

Former Cobb County Assistant District Attorney John Butters and Marietta lawyer David Cohen are accused of violating Georgia’s eavesdropping law by helping their client record a sexual encounter with a Waffle House executive.

Two attorneys and their client—the former housekeeper for the chairman of Waffle House—are on trial this week in Atlanta on charges that they violated the state’s eavesdropping law by recording a secret sex tape.

A jury was seated Monday in the trial of John Butters, a former Cobb County assistant district attorney, and Marietta lawyer David Cohen over a sex tape that their client and co-defendant, Mye Brindle, recorded during an encounter at the home of Waffle House chairman and then-CEO Joe Rogers Jr.

That sex tape, sealed by judges in two counties in 2012, was the basis for a demand Butters and Cohen made suggesting that Rogers pay his housekeeper $12 million to keep quiet over claims he repeatedly sexually harassed her or else face a civil lawsuit and potentially ruinous publicity.

Court records described the recording as depicting Rogers shaving nude in his bathroom and then lying on his bed as Brindle manually serviced him.

Rogers and his civil lawyers at Marietta firm Moore Ingram Johnson & Steele have aggressively combated Brindle’s claims, suing her and her lawyers and lobbying for criminal charges against the trio in what has become a tangle of civil and criminal cross-claims and litigation that shows little sign of resolution after six years. Rogers has not denied the June 20 sexual liaison but has claimed it was consensual.

In 2016, Fulton County District Attorney Paul Howard’s office waded into the civil dispute, securing a four-count felony indictment accusing Butters and Cohen of conspiracy to commit extortion, conspiracy to commit unlawful surveillance and unlawful surveillance.

Georgia law makes it a crime for any person through the use of any device, without consent of all persons observed, to photograph or record the activities of others that occur in a private place out of public view. The only exceptions are for people in prison or in jail and property owners who install cameras for security purposes.

Fulton County Superior Court Judge Henry Newkirk, who is presiding over the criminal trial, initially threw out the indictment, only to have the Supreme Court of Georgia reinstate the eavesdropping charges last November.

In affirming Newkirk’s dismissal of the extortion conspiracy charge, the high court ruled that Cohen’sdemand letter warning of a potential civil suit using the sex tape as evidence, though aggressive, did not rise to the level of a criminal threat.

But the high court also ruled that, although Georgia’s eavesdropping law only requires one-party consent, it only applies to oral, wire and electronic communications, not video recordings.

At a pretrial hearing in February, Newkirk told prosecutors and defense lawyers that he felt strongly that the case should have “a universal agreement and settlement.”

The high court’s other rulings in the competing civil litigation and their multiple appeals have not favored Butters and Cohen, but the defense argued again Tuesday to have counts dismissed before opening statements were scheduled to begin.

Last Thursday, the high court declined Cohen’s motion for reconsideration of its earlier ruling upholding nearly $200,000 in legal fees awarded to Rogers. Former Fulton Court State Court Judge Susan Forsling had directed that Rogers’ fees be paid after holding in 2013 that Brindle’s sexual harassment lawsuit, filed in Fulton County just two days after Rogers sued her first in Cobb County, was frivolous.

Rogers sued following failed negotiations associated with Cohen’s initial demand letter on Brindle’s behalf. Forsling ruled that Brindle should have filed a counterclaim to the Cobb suit.

The high court last year also upheld a Cobb County judge’s decision to disqualify Cohen and Butters as Brindle’s counsel in the civil suit. Cobb County Superior Court Judge Robert Leonard, who later recused from the civil case, disqualified the lawyers after determining their attorney-client privilege could be pierced over the production of the videotape. In that order, Leonard said the videotape, which he reviewed, “makes it clear that defendant was a willing participant in the sexual encounter and is not the victim of a sexual battery.”

Two private investigators may be key to the prosecution’s case.

Thomas Hawkins, owner of Hawk Private Investigations Inc., and investigator Michael Deegan said in civil depositions obtained by the Daily Report that they balked when the lawyers asked for help in securing video evidence to document Brindle’s claims.

According to the two investigators, they met with Cohen and Butters two days before Brindle retained the lawyers on June 6, 2012, and three weeks before she made the sex tape.

The investigators are represented by former Georgia Gov. Roy Barnes.

But in a pretrial hearing in February, Cohen attorney Brian Steel sought to portray Brindle as a vulnerable, single mother who repeatedly was lured into situations where Rogers forced her to submit to unwanted sexual advances.

Steel contended that, as a victim of an alleged sexual predator, Brindle was legally justified in surreptitiously recording what he claimed was a criminal act. Rogers has not been charged with a crime tied to Brindle’s allegations.

Rogers’ wife, Fran Rogers, told the Daily Report in February that she believes Brindle intended to play on Rogers’ fears that his wife would find out about the affair.

“Their hope was Joe would be embarrassed and that he would pay them money for their silence,” she said. “Their worst nightmare was when Joe told me. They lost what they thought was their leverage.”

 

SOURCE: Daily Report powered by LAW.COM