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Home > Cousins v. Orr

Cousins v. Orr [1]

Submitted by DMLP Staff on Mon, 08/17/2009 - 17:49

Summary

Threat Type: 

Criminal Investigation

Date: 

04/07/2009

Status: 

Concluded

Disposition: 

Withdrawn

Location: 

Pennsylvania

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Wiretapping
Erie, Pennsylvania police officers allegedly threatened Jeremy Orr and/0r his brother with a federal wiretapping charge if he did not remove a video from YouTube.  The video, which was shot in a bar on Orr's cell phone, showed one of the officers,... read full description
Parties

Party Receiving Legal Threat: 

Jeremy Orr; Orr's Brother

Type of Party: 

Government

Type of Party: 

Individual

Location of Party: 

  • Pennsylvania

Location of Party: 

  • Pennsylvania
Description

Erie, Pennsylvania police officers allegedly threatened Jeremy Orr and/0r his brother with a federal wiretapping charge if he did not remove a video from YouTube.  The video, which was shot in a bar on Orr's cell phone, showed one of the officers, James Cousins, making fun of a recent homicide victim.

In April 2009, Erie Police Chief Steve Franklin  learned of the video. As a result, the department assigned James DeDionisio to determine if Cousins' behavior violated conduct standards. Franklin also asked YouTube to remove the video, because he worried [2] that "[p]eople [would] look at this and say, 'Geez, is that what the Erie cops are like?'" YouTube refused to do so without a request from an original poster.

DeDionisio and Cousins allegedly questioned Orr's brother on April 6 and threatened him with a federal wiretapping violation if he or his brother did not remove the video.  (Orr's brother did not disclose his name to the press out of fear for police reprisals.) DeDionisio and Cousin deny that they issued that threat.

District Attorney Brad Foulk stated [3] that he thought a wire tapping charge under the circumstances "is absolutely preposterous," adding that "I would never consider charging this person with a wiretap violation." The police allegely contacted Foulk's office to request a court order for the removal of the video. Foulk claims [3] that his lead detective told the police "we could not do it and would not do it." 

It appears that to date, no charges have been filed against Orr or his brother.

Related Links: 

  • Photography is not a crime: Pennsylvania cops fail to get video removed through intimidation tactics [4]
  • GoErie.com: Erie police try to remove video from YouTube [5]
  • GoErie.com: Experts say Cousins' role in probe of video inappropriate  [6]
  • Investigation Discovery: Drunk Erie Cop Receives Slap on Wrist for Dissing Murder Victim [7]
  • The Youtube Video [8]
Details

Web Site(s) Involved: 

YouTube.com

Content Type: 

  • Video

Publication Medium: 

Website

Subject Area: 

  • Citizen Journalism
  • Criminal
Court Information & Documents

Jurisdiction: 

  • Pennsylvania

Source of Law: 

  • United States
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

Source: Carlos Miller (Photography is Not a Crime blog)

AVM 6/4 looks like there was no lawsuit, so im not sure what to do with this. 

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Source URL (modified on 08/20/2014 - 11:09pm): https://www.dmlp.org/threats/cousins-v-orr

Links
[1] https://www.dmlp.org/threats/cousins-v-orr
[2] http://www.goerie.com/apps/pbcs.dll/article?AID=/20090418/NEWS02/304169841
[3] http://www.goerie.com/apps/pbcs.dll/article?AID=/20090417/NEWS02/304179948
[4] http://carlosmiller.com/2009/04/19/pennsylvania-cops-fail-to-get-video-removed-through-intimidation-tactics/
[5] http://www.goerie.com/apps/pbcs.dll/article?AID=/20090417/NEWS02/304179948/0/RSSFEEDS
[6] http://74.125.47.132/search?q=cache:iuceTy0cS70J:www.goerie.com/apps/pbcs.dll/article%3FAID%3D/20090419/NEWS02/304199926+http://www.goerie.com/apps/pbcs.dll/article%3FAID%3D/20090419/NEWS02/304199926&cd=1&hl=en&ct=clnk&gl=us&client=firefox-a
[7] http://blogs.discovery.com/criminal_report/2009/04/james-cousins.html
[8] http://www.youtube.com/watch?v=6kIH5EQeCSc