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The major charges against an 18-year-old man with autism who recorded a police officer's conversation at the scene of a fatal accident were dropped yesterday by Dauphin County District Attorney Edward M. Marsico Jr.

Joseph Grabko of Lower Paxton Twp. had been charged with violating the Wiretap Act, resisting arrest and tampering with evidence after he recorded a Swatara Twp. police officer's conversation without permission at the site of a fatal accident on Paxton Street on June 8.

Grabko pleaded no contest to a disorderly conduct charge before District Judge Michael Smith, who ordered him to pay a $25 fine, and all other charges were withdrawn, Marsico said.

Marsico said he consulted with Swatara Twp. police before dropping the charges. He considered the nature of Grabko's violations, the harm caused by his actions and his disability, he said.

Joseph Grabko was riding in a car with his brother, Peter, 25, when they came across the accident, they said.

Peter Grabko, who wants to be a photographer, took pictures of the accident scene. Joseph Grabko picked up an MP3 player and began interviewing bystanders.

Police said they approached Peter Grabko and told him to stop taking pictures because the body of the victim was in the vehicle.

Joseph Grabko recorded the conversation with the police officer.

When police tried to take away the audio recorder as evidence, Joseph Grabko refused to hand it over and tried to erase the recording, according to police.

His actions violated the state's Wiretap Act because he recorded someone's conversation without getting permission, police said.

Joseph Grabko was taken before a district judge, charged and sent home.

When they arrested him, police did not know that Joseph Grabko has Asperger's syndrome, a form of autism. They learned of his disability from his mother.
BY BLAIR SABO
Of The Patriot-News
That's like half an hour from where I live.
I really hate the wiretaping laws.

If you don't want to be quoted be careful what you say and where you say it.

Makes sense when dealing with powerful bodies (government bureaus, telemarketers, customer service, large NPOs), but when dealing with private citizens you can easy choose to not speak with them.

Quote:
When they arrested him, police did not know that Joseph Grabko has Asperger's syndrome, a form of autism. They learned of his disability from his mother.


So they decided to take it easy on him after they discovered he was a delicate disabled guy who didn't know any better.  Anyone else have any problems with this?

Me. How does what he did have anything to do with autism? If we want to be respected in the community we should be strongly opposed to those who would use their 'disability' to avoid responsibility for their actions.

Tiger of Malaysia Wrote:
Me. How does what he did have anything to do with autism? If we want to be respected in the community we should be strongly opposed to those who would use their 'disability' to avoid responsibility for their actions.

I wouldn't have known not to tape.
I thought it only applied to taping situations in which minors were present and speaking without their consent (e.g. school).

I'd have thought taping a policeman to be fine, though I obviously wouldn't have ahad a recorder there and on in the first place.

Which is why the law ticks me.

Way too friggin' draconian in application to any private citizen.

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