Will Sterling's girlfriend be charged?

[B2G]

This could get interesting.

[dogknob]

1. Will Sterling's girlfriend be killed?

...or "accidented" or "suicided" or "overdosed?

[JI7]

2. for what ?

[herding cats]

3. I'll bite...for what?

[BanzaiBonnie]

4. Charged for what?

[chelsea0011]

5. Does CA have a law against taping without someone's knowledge?

[herding cats]

6. It's been reported he knew he was being taped.

The site is also reporting that sources who have heard the entire hourlong recording say Sterling absolutely knew he was being recorded. TMZ Sports has reported Stiviano has said she has more than 100 hours of recorded conversations with the 80-year-old Sterling, who is said to have used the tapes to refresh his memory because he frequently forgot what he said.

http://www.latimes.com/sports/sportsnow/la-sp-sn-donald-sterling-tapes-20140429,0,7072200.story#ixzz30JQyqpD1

So, it wouldn't matter if they do.

[MADem]

11. I'd say she's in the clear....she was the "archivist"/ arm candy who

helped a doddering old guy remember stuff.

[herding cats]

12. That appears to be the situation.

Even if he regrets letting her have access to his recorded words after the fact, all that matters legally is that he knew he was being recorded at the time the recording was made.

[lumberjack_jeff]

31. It's one thing to help him remember what he said.

It's arguably something else to help the internet/media/NBA remember what he said.

[MADem]

33. Well, if he didn't expressly require that she keep that "work product" private,

to whom does it belong, really?

Did she record that stuff on HER phone? Is possession nine tenths? Did he buy her the phone so she could use it her work?

So many questions! So few answers!

In any event the horse is out of the barn...time will unravel this mess.

[unblock]

9. it appears so:

this tripped up linda tripp as well during the monica lewinsky thing. tripp escaped due to extensive immunity she got because of the hunt for bigger fish. i don't see any comparable deal in this case.


http://www.dmlp.org/legal-guide/california-recording-law

California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. See Cal. Penal Code § 632. The statute applies to "confidential communications" -- i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989).

If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place.

[MADem]

13. Apparently he GAVE consent, though. And she's got that consent on tape, apparently...?

That's what I have heard, anyway.

These guys broke the story; I think they know what is up:

Donald Sterling was AWARE he was being taped during the conversation that was posted on TMZ
Sports, in which the L.A. Clippers owner went on a racial rant ... so claims the woman who taped him.

A source connected with V. Stiviano tells TMZ Sports ... the full conversation lasted approximately 1 hour. We're told Stiviano insists it was clear to Sterling at the beginning of the conversation he was being recorded.
What's more ... our sources say Stiviano routinely recorded her conversations with Sterling as HIS "archivist." And what's more ... she would regularly play the tapes back to him because he would often forget what he had said.

Our sources say sometime after the tape was recorded on April 9 ... Stiviano and Sterling got in an argument because he wanted her to sign a confidentiality agreement ... which she would not. We're told he then denied ever making the racist statements on the tape, so she played the entire tape for back him ... before it was ever posted on TMZ Sports.

Read more: http://www.tmz.com/2014/04/27/donald-sterling-racist-audio-v-stiviano-recorded-clippers/#ixzz30JT5BTmN

[unblock]

15. if so, then it would appear there's not much of a case. though that won't keep trump

from calling for her head.

she is, after all, the "girlfriend from hell", according to the donald. i guess she violated trump's lofty ethical standards for adulterers.

[MADem]

20. He should talk...!

What is it about old idiots named Donald...?

[ProdigalJunkMail]

17. if those words, "you are being recorded," do not exist on the tape

she could be in a bit of trouble. just saying 'he knew he was being recorded' is not good enough... if he acknowledges a statement to that effect, on tape, she's cool.

sP

[MADem]

19. Apparently, part of her "job" was to record him and play back the recordings to him.

He was getting forgetful and the tapes were used as a memory aid.

I think she's cool if she has over a hundred hours of tape; to include tape that HE listened to....

[ProdigalJunkMail]

25. the problem is he has to know on each instance

and give consent in each instance... i am not sure a blanket consent is allowed but i am not a lawyer so it will remain to be seen.

the guy's a douche either way and i hope she doesn't get in trouble...

sP

[MADem]

26. I imagine if there's some sort of pattern established, with her routinely

playing stuff back for him, and/or him demanding that she produce this tape or that, there could be an expectation that this was a matter of routine. And if that was her "main job"--i.e. she was hired for her skills with a recording device as well as her attractive demeanor--then she's probably safe.

She probably has so much on him that if she gets in hot water for that bit, she can bargain away keeping details private in exchange for him not suing.

[Gothmog]

30. California is a two party consent

There are several reports that Sterling knew he was being taped.

[951-Riverside]

7. For eavesdropping, extortion?

Never going to happen.

[FarCenter]

8. California Wiretapping Law

California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. See Cal. Penal Code § 632. The statute applies to "confidential communications" -- i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989).

http://www.dmlp.org/legal-guide/california-recording-law

[MADem]

36. If she can show that he routinely listened to tapes that she played back for him,

then it is unlikely that he had any "objectively reasonable expectation" of privacy.

I think she's probably got her ducks in a row.

[Jenoch]

10. I would like to know what device was used to make the audio recording.

[MADem]

37. Probably smart phones. I'm guessing that'll come out soon enough! nt

[Jenoch]

38. If it was a smartphone,

I would guess it was the girlfriend who handled both the recording and playback. I think she set him up.

[MADem]

39. TMZ doesn't agree. They've heard all the tapes, see the link elsewhere in this thread. nt

[jberryhill]

14. Nope. Cash only.

[Brickbat]

16. Shut the thread down; it's over.

[Tempest]

18. No. He initiated the recording.

He asked her to record their conversation so he would remember them. There's no law against making them public.

[MADem]

21. TMZ (owned by a lawyer) has had these tapes for over a week.

They broke the story.

It wouldn't surprise me at all if legal advice came with the handing over of those tapes.

[B2G]

22. They have nothing to lose by making them pubic.

She does.

[MADem]

23. If they provided legal advice as to her exposure as part and parcel of her releasing

the tapes, they do.

That said, I think she's in the clear. Apparently this guy was using that cute mistress/archivist as someone who would record anything important that he said, so he wouldn't look like he was losing his memory.

[B2G]

24. She'd better have that on tape or in writing. nt

[MADem]

34. Doesn't TMZ pay for material?

I'm sure they have some sort of contract. From what I understand, they've had this material at TMZ, going over it, for over a week. The full flavor of the tapes are as yet unknown, but from what I have heard, part of this woman's job was to record this racist guy so he could have a record of what he said to people, because he had memory issues. He's probably in the early stages of senile dementia; if I remember what was reported right, this 'memory issues' business is discussed on some of the tapes, with the woman indicating she will play back what he said on one occasion or another. I don't think she will have any problem proving that she recorded him with his permission even without a written contract--I think she has enough examples of his "foreknowledge" on tape to obviate any claim of surreptitious recording. There's the old "Fool me once, shame on you. Fool me twice, shame on me. Fool me three, four, five, ten times...I'm in on it--I'm not being fooled, I'm complicit." In that case, I think there's enough proof that a verbal contract existed, at a minimum. If I paid someone to record me because I was forgetting stuff, I'd assume that the person was always recording me, unless I said "Turn off the machine!"

[Politicalboi]

27. Who's to say he wasn't recording her

Does she say she knows she being recorded every time? This goes both ways. This woman better not travel in small planes.

[Gin]

28. Its illegal to tape unless......you are the NSA!!!!

The whole story is disgusting....he is....she is..... Beam me up scotty!

[etherealtruth]

29. With stulidity?

[davidn3600]

32. It's been suggested by Sterling's lawyer that she tried to blackmail him with the recordings

I think it was Sterling's lawyer that said that.

She's also being sued for $1.8 million by Sterling's wife in an embezzlement claim. That lawsuit was filed in March and it's suggested that she did the tapes to blackmail Sterling to drop the suit or at the very least to retaliate.

[MADem]

35. That'll be hard to prove if indeed she can come up with taped examples of

her saying "Look, you said it, I will play back the tape for you."

This is an interesting story, in any event. A lot of the usual He said/She said to go along with the racism and sleaziness!

TMZ has heard the tapes, they say he KNEW he was being recorded:

Donald Sterling was AWARE he was being taped during the conversation that was posted on TMZ
Sports, in which the L.A. Clippers owner went on a racial rant ... so claims the woman who taped him.

A source connected with V. Stiviano tells TMZ Sports ... the full conversation lasted approximately 1 hour. We're told Stiviano insists it was clear to Sterling at the beginning of the conversation he was being recorded.
What's more ... our sources say Stiviano routinely recorded her conversations with Sterling as HIS "archivist." And what's more ... she would regularly play the tapes back to him because he would often forget what he had said.

Our sources say sometime after the tape was recorded on April 9 ... Stiviano and Sterling got in an argument because he wanted her to sign a confidentiality agreement ... which she would not. We're told he then denied ever making the racist statements on the tape, so she played the entire tape for back him ... before it was ever posted on TMZ Sports.

Read more: http://www.tmz.com/2014/04/27/donald-sterling-racist-audio-v-stiviano-recorded-clippers/#ixzz30ODocUU6