While the trial has been put-off and postponed several times Mr. Burke will today finally know his fate.
The trial was finally set to be a jury trial after the state bussed in a out-of-town judge that would hear the case.
On the Maryland Judicial Case search site Mr Burke's trial again has changed from a "Criminal Jury Trial", to a "Criminal Non-Jury Trial" holding the same date.
Event Type: Criminal Jury TrialNotice Date: Event Date: 11/02/2009Event Time:09:30 AM Result: Postponed/ResetResult Date:10/22/2009
Event Type: Criminal Non-Jury TrialNotice Date: Event Date: 01/05/2010Event Time:09:30 AM Result: Result Date:
Mr. Burke was accused of "illegally recording" the Mayor of Pocomoke during the time that Mrs. Burke had been running for a council seat in Pocomoke and after publishing an out of context clip (posted below for you to hear) of the recording on his blog The Pocomoke Tattler.
The events that followed turned their life upside-down including a "raid" of their home where the PCPD collected most anything electronic that the Burke's owned and possesed, computers, cameras, recording devises, etc.
This case surely lacks in any prosecution;
Charge and Disposition Information(Each Charge is listed separately. The disposition is listed below the Charge)
Charge No: 1CJIS Code:1 5705Statute Code:CJ.10.402
Charge Description: Wiretapping
Offense Date From: 03/27/2009To: 03/27/2009 Arrest Tracking No: 08-1002-04545-6Citation: Charge Amend No: 0Sentence Version:0Charge Class: Disposition
Plea: Plea Date: Disposition: Disposition Date:
1st the recording was made in a public place. (hearsay)
2nd Mr. Burke (IMHO) did not receive a "speedy trial" while the state (for whatever reason) was looking to find an out-of-town robe.
Now of course I'm not an attorney, but I did study and make many phone calls on Mr Burke's behalf in relation to Marylands "wiretapping" laws and if all accounts are accurate he will be acquitted today. (and I did stay at Holiday Inn)
Yes it is immoral, unethical, and just not a nice thing to do while your 'mark' is unaware they are being recorded in what 'they' think to be a private conversation no matter where that conversation takes place. BUT... is it illegal?
We shall see.