6 ms·

While Comcast should get plenty of blame here, it's also true that it's flat out dereliction of duty for a prosecutor to file a case based on nothing but an uni

While Comcast should get plenty of blame here, it's also true that it's flat out dereliction of duty for a prosecutor to file a case based on nothing but an uninvestigated complaint from some random corporation. At least Comcast made some attempt to fix it... and also got stonewalled by the State's Attorney's office.

shusaku 3y ago
> In Which I Find Out that the Attorney for Comcast Actually Does Have a Sense of Humor I think the work by this attorney really did a lot to take the blame off of Comcast, which is probably why the author felt fine not suing at the end.
emodendroket 3y ago
You know, I've had similar thoughts about the Hertz debacle where people were thrown in jail for having rented cars and used them as agreed. I don't think if I made a phone call to the local police department and told them so-and-so stole my car they'd throw them in jail without asking any questions (at least I hope not). Why is Hertz any different?
- AaronM 3y ago
  Growing up my best friend dated a girl with very strict parents, who did not approve of the relationship. He was pulled over and arrested for grand theft auto. Spent three days in jail until she was convinced to make a statement at the police station and they let him go. Parents reported the car, which they must have owned, as stolen, and gave my friends description to police
  - extraduder_ire 3y ago
    I think that one is actually "malicious prosecution", as described in the article.
    - eru 3y ago
      That might be true, but good look keeping your girlfriend, if you sue their parents (even if the parents are jerks).
      - willcipriano 3y ago
        Ship has appeared to already have sailed there.
      - Ekaros 3y ago
        I think early inheritance is in order in that sort of case. Couple million or whatever surely fixes the feelings against parents. And then you can live easy live with the girlfriend.
  - sacrosancty 3y ago
    [dead]
- sidewndr46 3y ago
  Because they have more money and power than you
  - OhMeadhbh 3y ago
    It's as if concentrated power is antithetical to justice.
- aidenn0 3y ago
  If you lend a car to a friend and then report it stolen, your friend will absolutely end up in jail.
  - emodendroket 3y ago
    In the Hertz case sometimes the cars had already been returned. Maybe it is that easy to get people arrested even if your car is sitting in your driveway but one would hope not.
    - aidenn0 3y ago
      > In the Hertz case sometimes the cars had already been returned. Maybe it is that easy to get people arrested even if your car is sitting in your driveway but one would hope not. Yes, that would be less likely. I was more thinking if you reported it stolen while it was in your friend's possession and they get pulled over.
  - watwut 3y ago
    Not really. If you do that, there will be investigation. In that particular case, likely ending with you in legal troubles, as the car is in your possession.
  - bagels 3y ago
    I don't think there is a guarantee either way. My car was stolen, the people caught, and no charges filed.
  - adrr 3y ago
    But if it wasn't stolen and you filed a false police report, you go to jail,
    - smegsicle 3y ago
      a good friend will bail you out of jail a better friend will be sharing the cell with you
- grecy 3y ago
  > Why is Hertz any different The Police exist to protect the money of corporations.
  - OhMeadhbh 3y ago
    Or as Stephen William Bragg once quipped: "If you thought the army was here protecting people like yourself... I've some news for you we're here to defend wealth."
qingcharles 3y ago
I guess you've never met any prosecutors? This is pretty much modus operandi of every prosecutor office I know of.
- Hizonner 3y ago
  Oh, I totally believe you. They wouldn't have time to do anything like due diligence on all the cases they're asked to handle. Criminalization is the go-to answer for everything nowadays. And I'm also sure that most of the time the court is unwilling to actually enforce any of a lot of different standards, or to go through its procedures in a way that actually accomplishes those procedures' purpose. Dereliction of duty is pretty much SOP for lots of people, many of them in supposedly responsible jobs that affect other people's lives.
morpheuskafka 3y ago
As soon as the DA got the letter from their only witness stating that no crime occurred (unless they thought Comcast was lying then, which doesn't seem very possible in this scenario), they would have been obligated by Model Rule 3.8(a) to discontinue the prosecution. Whether or not it was "already scheduled" should have been irrelevant.
- qingcharles 3y ago
  How many times have you seen a prosecutor sanctioned under 3.8? Believe me, I have tried and tried to get prosecutors cited under it. I know prosecutors who flat-out commit felonies and the State won't do anything. Is there evidence that any prosecutor ever has been brought up on this Rule? And I don't think just because the only witness states no crime occurred that the prosecutor will drop the charges. I would say in at least 50% of domestic battery cases the complainant will call the prosecutor at some point and tell them that no crime happened and please can they let the defendant out of jail. In almost zero cases this happens, in my experience. Normally they run it all the way to trial and sit there holding up the court waiting for the no-show witness to turn up before the judge acquits.
- OhMeadhbh 3y ago
  I don't think ABA model rules are legally binding.

shusaku 3y ago

> In Which I Find Out that the Attorney for Comcast Actually Does Have a Sense of Humor I think the work by this attorney really did a lot to take the blame off of Comcast, which is probably why the author felt fine not suing at the end.

emodendroket 3y ago

You know, I've had similar thoughts about the Hertz debacle where people were thrown in jail for having rented cars and used them as agreed. I don't think if I made a phone call to the local police department and told them so-and-so stole my car they'd throw them in jail without asking any questions (at least I hope not). Why is Hertz any different?

AaronM 3y ago
Growing up my best friend dated a girl with very strict parents, who did not approve of the relationship. He was pulled over and arrested for grand theft auto. Spent three days in jail until she was convinced to make a statement at the police station and they let him go. Parents reported the car, which they must have owned, as stolen, and gave my friends description to police
- extraduder_ire 3y ago
  I think that one is actually "malicious prosecution", as described in the article.
  - eru 3y ago
    That might be true, but good look keeping your girlfriend, if you sue their parents (even if the parents are jerks).
    - willcipriano 3y ago
      Ship has appeared to already have sailed there.
    - Ekaros 3y ago
      I think early inheritance is in order in that sort of case. Couple million or whatever surely fixes the feelings against parents. And then you can live easy live with the girlfriend.
- sacrosancty 3y ago
  [dead]
sidewndr46 3y ago
Because they have more money and power than you
- OhMeadhbh 3y ago
  It's as if concentrated power is antithetical to justice.
aidenn0 3y ago
If you lend a car to a friend and then report it stolen, your friend will absolutely end up in jail.
- emodendroket 3y ago
  In the Hertz case sometimes the cars had already been returned. Maybe it is that easy to get people arrested even if your car is sitting in your driveway but one would hope not.
  - aidenn0 3y ago
    > In the Hertz case sometimes the cars had already been returned. Maybe it is that easy to get people arrested even if your car is sitting in your driveway but one would hope not. Yes, that would be less likely. I was more thinking if you reported it stolen while it was in your friend's possession and they get pulled over.
- watwut 3y ago
  Not really. If you do that, there will be investigation. In that particular case, likely ending with you in legal troubles, as the car is in your possession.
- bagels 3y ago
  I don't think there is a guarantee either way. My car was stolen, the people caught, and no charges filed.
- adrr 3y ago
  But if it wasn't stolen and you filed a false police report, you go to jail,
  - smegsicle 3y ago
    a good friend will bail you out of jail a better friend will be sharing the cell with you
grecy 3y ago
> Why is Hertz any different The Police exist to protect the money of corporations.
- OhMeadhbh 3y ago
  Or as Stephen William Bragg once quipped: "If you thought the army was here protecting people like yourself... I've some news for you we're here to defend wealth."

qingcharles 3y ago

I guess you've never met any prosecutors? This is pretty much modus operandi of every prosecutor office I know of.

Hizonner 3y ago
Oh, I totally believe you. They wouldn't have time to do anything like due diligence on all the cases they're asked to handle. Criminalization is the go-to answer for everything nowadays. And I'm also sure that most of the time the court is unwilling to actually enforce any of a lot of different standards, or to go through its procedures in a way that actually accomplishes those procedures' purpose. Dereliction of duty is pretty much SOP for lots of people, many of them in supposedly responsible jobs that affect other people's lives.

morpheuskafka 3y ago

As soon as the DA got the letter from their only witness stating that no crime occurred (unless they thought Comcast was lying then, which doesn't seem very possible in this scenario), they would have been obligated by Model Rule 3.8(a) to discontinue the prosecution. Whether or not it was "already scheduled" should have been irrelevant.

qingcharles 3y ago
How many times have you seen a prosecutor sanctioned under 3.8? Believe me, I have tried and tried to get prosecutors cited under it. I know prosecutors who flat-out commit felonies and the State won't do anything. Is there evidence that any prosecutor ever has been brought up on this Rule? And I don't think just because the only witness states no crime occurred that the prosecutor will drop the charges. I would say in at least 50% of domestic battery cases the complainant will call the prosecutor at some point and tell them that no crime happened and please can they let the defendant out of jail. In almost zero cases this happens, in my experience. Normally they run it all the way to trial and sit there holding up the court waiting for the no-show witness to turn up before the judge acquits.
OhMeadhbh 3y ago
I don't think ABA model rules are legally binding.