Monday, December 27, 2010

What Do You Think About This?

Man Faces Criminal Charges for Reading Wife's E-Mail

Thirty-three-year-old Leon Walker used his wife's password to get into her Gmail account, and says he learned of his wife's affair by reading her e-mail on their computer. Clara Walker filed for a divorce, which was granted this month, and Leon Walker will stand trial Feb. 7 -- on felony computer misuse charges.


What do you think about this? Does a person have a right to absolute privacy in their own home? Should you be allowed to keep secrets from your spouse in a home you both own? Does it matter who owns the computer? Or the home? How would you decide ownership of a computer in this case?

Finally, there is this.

Clara was married twice previously, the Oakland Press reported, explaining that Walker discovered that she was having an affair with her second husband, who had once been arrested for beating her in front of her young son from her first husband.

Can anyone say Jerry Springer?

15 comments:

Brenda Jean said...

Go Ahead....read my email...I dare you. *snicker*

Ticker said...

It would be similar to recording telephone conversations and actually in divorce cases would not be admissible in court. In most states it is illegal to record a conversation without the consent of either one or both parties so it would appear that the dude is cooked. He broke the law.

LASunsett said...

While they were married, I bet she could have signed his name on a government check and cashed it without his consent.

Chuck said...

Brenda Jean, don't worry - you have nothing I want to read

I have to watch my answer now that my wife is reading my blog

Ticker & LA, I looked at this a little differently.

I do tend to agree with Ticker in that he probably broke the law although I am not certain the law has any business regulating what goes on in a house between a husband and wife, short of physical abuse of some sort. Although I do think a person has a right to privacy if they choose to exercise that right.

I think the bigger issue here for this guy is that he was married to a woman who needed password protection on her e-mail.

Brenda jokes about me not reading her e-mail but the truth is, neither of us have password protection on our e-mails and mine are sitting here open any time for her to read. If I were to need something from hers, she would tell me to get it for myself.

It's a matter of trust. In my mind if a spouse has a need to keep secrets, that in itself is a huge red flag for me.

That is not to say we cannot have privacy amongst us. If she tells me not to look in, say one of her dresser drawers, I will not. I trust there is a good, and honest, reason for her to want me to stay out.

Ticker said...

Chuck if what he did only remained within the house then you would have a good point. However, it did not and it entered the domain of the public and most of all the civil courts. Now that makes it a totally different situation doesn't it.

Brooke said...

Ugh, she sure sounds like quite a catch...

I am of the mind that once you are married, you are two people in the same flesh. No secrets.

What about this woman who broke her contract to her husband? Will she face any consequences?

This is really lame, for him to be punished for finding out about her infidelity.

Ticker said...

Brooke that's not what he is being punished for. He broke the law, pure and simple. Unfortunate for him but nevertheless he did.

Women like her get their comeuppance! I know, been there watched it with great glee!

Chuck said...

Ticker, it sounds like she filed so he didn't actually take it into the public domain. I'm still not certain this should be a criminal matter. If what he did is a criminal matter, then why are they also not prosecuting her for adultery? This is still against the law in many states, including my state of Michigan where this occurred. I just think it's one of those things the law needs to stay out of.

Brooke, I have a tendency to agree. I would actually like to see some sort of penalty for infidelity. Not a scarlet letter or criminal penalties but for them to be penalized in the divorce proceedings. At the most basic, she has broken a legal contract.

Katie said...

His wife is a whore. Sorry to be crass, but infidelity really pisses me off.

Will we be arresting parents for reading their teens' diaries next? Give me a break.

Chuck said...

Katie, good point on the diaries. This has kind of been my point al along, where does it end? What if he had opened her mail?

Ticker said...

When it is filed it becomes public domain Chuck. Look at your daily paper. so and so filed for divorce then further down , so and so divorce granted.
That is public domain. Once you take it out of the lawyers office or out of your house if you happen to be filing your own under no-fault then it is public record and public domain.

As to why she was not charge with adultry. The law is still on the books in Michigan but Michigan also became a NO FAULT Divorce state (in 1977) and under no fault that law became moot. While it remains on the books and does carry a ridiculous life sentence no one has been tried or convicted since 1977.(same year as no fault was adopted) It will eventually be removed from the books when someone actually makes a case of it. An attorney in 07 had the charges dropped against his client , a drug dealer who swapped drugs for sex.
So there is at least one reason she has not been charged with adultry. Now , if I were the man's attorney I would bring the charge against her just for the sake of 'discovery" of the old adulty law and then see where the court would go. I think that if his attorney did that, the States attorney would drop the other charges against him. Just my opinion since I am not an attorney nor real familiar with Mich. law. Give me Ill. law, Tex law or NC law and I'll take you on a whirl wind tour. Of course my expertise was in Family Law or as it is known in some states, Juvenile law.

MK said...

I wonder if she would have been found guilty if it had been her reading his email and what about if she caught him cheating via a private investigator, i'm sure the sudden concern over privacy will strangely evaporate then.

cube said...

Ticker makes some good points, but I still think this guy is getting a raw deal.

I thought these privacy laws were enacted to protect corporate interests and not a home computer between spouses.

Who has password protected email @ home?

Always On Watch said...

Leon Walker will stand trial Feb. 7 -- on felony computer misuse charges.

Well, it seems to me that her infidelity trumps that charge. But, hey, that's just me.

Chuck said...

Ticker, thanks for the info. I am still not okay with the government being involved in a matter that really should be between a husband and a wife

MK, there are ironies here

Cube, well put. Also, if your spouse has [password protection against you - worry.

AOW, I agree