A JILTED lover who faked a Facebook profile for her cop ex-boyfriend which ripped him to pieces can be prosecuted for identity theft, cops ruled. Angry Dana Thornton created the page using pictures and personal info about the narcotics detective which said he was "high all the time" and had herpes, Assistant Prosecutor Robert Schwartz said.
"I'm a sick piece of scum with a gun," she allegedly wrote, adding that he regularly frequented prostitutes and escort services.
She faces up to 18 months behind bars, if convicted of fourth-degree identity theft.
Her attorney Richard Roberts attempted to have the case dismissed on the grounds that the law makes no mention of electronic communications.
He asked: "How do you quantify the harm? There was no money involved. We live in the real world where words are thrown around all the time. How does that rise to the level of what is in this statute?"
But State Superior Court Judge David Ironson strongly disagreed saying the law was "clear and unambiguous."
He added: "The fact that the means of committing the crime are not set forth in the statute doesn't lead to the conclusion that the defendant didn't commit the crime."
Thornton didn't comment on the decision after the hearing. She is next due in court for a pretrial conference on Dec. 7.
There seems to be a double standard in New Jersey regarding internet identity theft. I am not sure if it is because the victim in the Thornton case is a police officer, or if the perpetrator in my case, is a friend of a Town official.
ReplyDeleteI am the victim of identity theft in New Jersey (Guttenberg) but the local police and the Hudson County prosecutor refuse to prosecute the person who created an email address under my name mikerdeluca@yahoo.com, sent emails posing as me that are of a perverted sexual nature much to vulgar to print here, and posted messages in the chat room section of my homeowner association blog with the user name mike deluca. I am an advocate of free speech but saying or criticizing someone by stealing their identity to mislead the readers into thinking it is me who is writing those words in something entirely different than free speech.
I reported this to the Guttenberg police in early August but they have failed to even file a complaint against "Jeffery" who lives in the same condo as me, The Galaxy Towers. Five months have passed but nothing has been done. I reported this to the Hudson County prosecutor's computer crime division head, Lt. Dezanzo, but he refuses to charge "Jeffery" with identity theft. He said this falls under harassment. He referred my complaint back to the Guttenberg police who have refused to even charge "Jeffery" with harassment. I am wondering if this is because he is a friend and neighbor of the Guttenberg mayor and councilman, Gerald Drasheff and Alfonso Caso or if it is because i am not a police officer. "jeffery" did the same thing to me, as Ms Thornton did to her ex-boyfriend but she was indicted for identity theft, "jeffery" has not even received a complaint for anything and five months have passed.
"Jeffery" admitted his acts to me, my wife, and two others. Their sworn statements were given to the Guttenberg police. As the admin of my website, i have the IP address of the postings on my website. They trace back to "Jeffery's" office in Hackensak, New Jersey.
I recently contacted Hudson County Assemblyman Ruben Ramos who sponsored the Bill that expands the statute to include electronic communications as a form of identity theft. I also contacted Senator Brian Stack. I am asking Mr. Ramos to explain the double standard and ask the Hudson County prosecutor to reconsider the decision not to prosecute "Jeffery"
What is most puzzling to me is that a Morris County prosecutor and a Morris County judge supports the Bill Mr. Ramos sponsored as a Hudson County Assemblyman along with the amended statute. Both Morris County officials recognize that even though electronic communication is not in the statute, it doesn’t make it less of a crime as the judge indicated in his ruling, but the Hudson County prosecutor does not seem to support the Bill Mr. Ramos sponsored, the amended statute, or the judge’s precedent setting ruling that allowed the Morris County prosecutor to charge ms. Thornton with identity theft. I thought this would have been a great opportunity to show the residents of New Jersey and especially Hudson County, that internet identity theft will not be tolerated and that Mr. Ramos's Bill are supported by his fellow Hudson County constituents. I am waiting for a response from Assemblyman Ramos.
My website is www.galaxyfacts.com
On the home page there is a link to the chat room blog www.galaxy-facts.com
Mike Deluca