Need help /raided and computers seized

[docholly]

He said police started investigating Silva early this year after neighbors complained of suspicious activity that included lots of traffic and people often coming to the house at night. Sferrazza said neighbors also saw a number of cars with out-of-state license plates.

bingo!

[fetish1]

Silva said customers bought memberships through her website, on which she calls herself Empress M, that let them watch bondage and domination videos on the site. She said she produced all the videos at her home, except for one that was made in Arizona by another producer and which she paid for. The models in the videos were paid, Silva said. Silva said she obeyed all local and state laws in running the website and said the search violated her rights.
"I'm upset and I'm confused," she said about the investigation.

Now I guess I'm confused. People coming and going from the house, and she states she ran a website that allowed members to view her videos? WHY Does it keep getting conveniently blown off by Silva and her attorney (from the interview with him posted earlier) that she was charging people for bdsm activities in her home. Much earlier in this post she made the statement:

they told me it was illegal to pratice sadomasochism because it was a sex act the same as intercourse.
they told me spanking and any type of this play was prostitution.

Now everything I have read about it so far, (the two things that have been posted) keep falling back on a poor webmistress trying to make a living on the web that has been abused by the local police.

[DJilla]

He said police started investigating Silva early this year after neighbors complained of suspicious activity that included lots of traffic and people often coming to the house at night. Sferrazza said neighbors also saw a number of cars with out-of-state license plates.

(Peeking Out Window) "Der seems to be a lot of dat der suspicious activity going on at da neighbor's house Martha! I thinks dem devil worshipping, communist, raghead, leftist, types are havin der meetin's over there. Quick call George!"

Seriously: Nothing worse that "lot's of out-of-state" plates to get the neighbors freaked out.

[webwoman]

On wed Nov 16th the raid occurred. http://empressm.net/raid.htm To get the whole story of what is going on all needs to be read…after waiting weeks for any news to surface an article came out on http://www.ynot.com/modules.php?op=m...ticle&sid=9986 When a local reporter from the journal inquier decided to do a story based on what he found on the internet. At that point my attorney and the police said this read here http://www.journalinquirer.com/site/...=161556&rfi=6l
on dec 17th the story came out in the Hartford courant ..saying http://www.courant.com/news/local/hc...,4809501.story

To conclude another interview was done with my attorney who is making this a first amendment case ..Police say it was or they are trying to prove a computer crime..
They did not come to my home for my pro domination stuff as it is non- sexual
And they do not care about that…5 hrs of searching produced nothing as well as 5 weeks with the evidence …I think it’s a cover up for their 30 cop raid…
Here is the news that came out today
http://www.courant.com/news/local/hc...eadlines-local
so before you past judgement on things you don’t know ..its important to get the facts.
And that is this was wrong and it will be proven.

[RawAlex]

Why does it sound to me like your attourney is the one talking to the press, and the other side is basically "no commenting" things?

I don't pass judgement either way until I see what the police are dreaming up.

I will say this: Are your servers still up? Are you still gaining income from your business? Could you, example, go to an internet cafe and upload files? Could you purchase or rent a new computer and continue to work? You might find that arguing that you can't work because of the computers being seized may not hold water. Options could be found.

I look forward to more when the police and DA have something to say. I hope it works out, but I still feel like I am only reading one side of the story.

Alex

[Chop Smith]

Why start a new thread when there is already one active about this subject?

[webwoman]

the police changed the story 3 times your not reading it at all...

[RawAlex]

No, I read it VERY carefully. 90% of the story is "your side", "your attourney said" and "reported in YNOT". No charges have been laid in this matter at this point.

I now understand (after everything in the other thread) why you think the city or county or whatever "should have known" about your business, but I have a feeling that you may have done what many others in the adult business do (including myself at times): I work in advertising, I do website design, I generate traffic from search engines, etc. Your business license says "membership Web site" and is a "home office". I guess I missed the one that says "Commercial BDSM Dungeon" and "Porn Video Content Production company".

None of these reports seem to bring any real new information to the front. In fact, the police and the courts seem to be specifically saying little:

"The investigation is continuing, and a judge has sealed the warrant that police obtained to search Michelle Silva's house on Montano Road. Capt. Anjo Timmerman would not comment on the case on Friday except to say that investigators had compiled enough evidence of criminal activity at the house to convince the judge to sign the warrant."

Until things move ahead, the rest is speculation and a one sided discussion with an absense of supporting facts.

Alex

[GonZo]

This is the part where I find myself agreeing with Alex and Chop.

Why another thread?

[fetish1]

Originally Posted by RawAlex

I will say this: Are your servers still up? Are you still gaining income from your business? Could you, example, go to an internet cafe and upload files? Could you purchase or rent a new computer and continue to work? You might find that arguing that you can't work because of the computers being seized may not hold water. Options could be found.

What's the matter with working from the computer you access to post on the board??

[RawAlex]

Originally Posted by fetish1

What's the matter with working from the computer you access to post on the board??

Don't confuse anyone with good logic...

Alex

[GonZo]

Long and short of it is shes trolling for donations here.

[Greenguy]

What are the odds that none of this would have gotten out to the media without threads like this & articles on YNOT.

If this happened to me, I'd be doing my fucking best to keep it out of the news.

[fetish1]

Originally Posted by RawAlex

Don't confuse anyone with good logic...

Alex

What was I thinking???? That is far too simple a cure isn't it?? |badidea|

[Chop Smith]

Originally Posted by Greenguy

What are the odds that none of this would have gotten out to the media without threads like this & articles on YNOT.

If this happened to me, I'd be doing my fucking best to keep it out of the news.

Asked the same thing on 11/18/05 - http://www.greenguysboard.com/board/...2&postcount=27

Damn with airing dirty laundry

[tigermom]

If I were the owners of this board, I'd be weary of these threads even being here. Next thing you know, you'll be facing a libel suit from someone... spoken from experience, btw

[RawAlex]

Originally Posted by Chop Smith

Asked the same thing on 11/18/05 - http://www.greenguysboard.com/board/...2&postcount=27

Damn with airing dirty laundry

Especially when you start to read things closely, you can see where there was a certain amount of "not telling all the truth" in regards to permits, buisness licenses, and potentially some of the declarations made in bankruptcy court. Through all of this, I don't see a single permit for operating an adult oriented BDSM dungoen in a residential neighborhood.

The rest is the rest...

Alex

[fetish1]

Originally Posted by RawAlex

Especially when you start to read things closely, you can see where there was a certain amount of "not telling all the truth" in regards to permits, buisness licenses, and potentially some of the declarations made in bankruptcy court. Through all of this, I don't see a single permit for operating an adult oriented BDSM dungoen in a residential neighborhood.

The rest is the rest...

Alex

Aw Alex come on...if you read the responses, it's not them, we just keep reading EVERYTHING wrong!!!

[Useless]

Originally Posted by fetish1

Aw Alex come on...if you read the responses, it's not them, we just keep reading EVERYTHING wrong!!!

Maybe we are all mis-interpreting webwoman's posts due to the fact that her writing skill is a cross between Tommy's and Yahook's. Little punctuation and little sense.

[fetish1]

Originally Posted by Useless Warrior

Maybe we are all mis-interpreting webwoman's posts due to the fact that her writing skill is a cross between Tommy's and Yahook's. Little punctuation and little sense.

[Papa]

Originally Posted by Greenguy

What are the odds that none of this would have gotten out to the media without threads like this & articles on YNOT.

If this happened to me, I'd be doing my fucking best to keep it out of the news.

Thumbs up !

Also, what is obscene ?
I mean for the old housewife, sucking a dick is obscene ?
Anal sex is for others, piss sex is ok for some ?

Where do you draw the line ?
What's next ? Gays are obscene ? Lesbians are obscene ?

Ok now blood ? I mean, they are not forced and they are not underage ! I hate the way people are trying to control everything you think and see.

[SexycityBrian]

Wow this was a lot to read. It would be hard to have an opinion on this although I didnt see where the Police changed their story 3 times I did see where they changed it one time.
this was from the ynot article
"Although the Enfield police department insists that it presented Silva with a search warrant, which would provide information about the reason for entering her home-based business, she insists that such is not the case. According to an email sent by Silva, the police insisted that they were “looking for something specific” and that they would present the warrant once that had been located."
and this was from the Journal Inquirer
"Timmerman says Silva's lawyer has contacted the Police Department and that the search warrant was sealed at the time of the raid."
For reference it is Capt. Timmerman. It just makes me wonder how webwoman would know the contents of the search warrent as the police said she did if the search warrent was sealed at the time of the raid. Just making a wild guess It sounds to me based on the reasons for the investigations that it might have been drugs they were expecting to find and webwoman was never shown the warrent the bdsm stuff was and after thought and the police have had the warrent sealed while they try to figure out how to get their ass out of a sling. Anyway I hope everythings works out for the best

Brian

[RawAlex]

Brian, read carefully!

"According to an email sent by Silva, the police insisted that they were “looking for something specific”"

Hearsay. Silva said that the police said. There is no direct quote from the police, no press release or interview made, just words passed through the person involved. Therefore the police have NOT changed their story. Possibly Silva's understanding of the police's story many have changed.

Papa, obscene is whatever it is. It isn't "now blood" or "Gays obscene". Obscenity in the US currently is judged on a community standard's basis. The issue always comes "which community" when talking about internet porn.

Remember, this webmistress was also selling DVDs and videos, which means that in the long run, there may be issues regarding "what is obscene" in a place like Tennessee or Utah. None of this is clear because the police are not talking, it is a totally one sided deal.

I notice, by the way, that the site that discusses sessions, movies and videos for sale, and whatnot has been removed (and all the back pages removed) and replaced with a beg for dontations. Interesting that this is gone but the other websites are still up and running fine.

Hmm.

Alex

[webwoman]

I cant say that green guy and jim has gotton any good response from anyone. It shows a Total lack of knowledge of the legal system.
Some statements that were written were pure slander and has caused harm because of its inclusion in the news paper
The court date is thursday the 5th

The search and seizure of Silva's property prompted a vigorous discussion on the forum, called "Greenguy and Jim's Ultimate Adult Webmaster Board." When the warrant was still sealed, other posters on the forum looked at some of Silva's websites, which included EmpressM.net, Northeastgoddess.com, and Fortressofpain.com. The web posters read descriptions of the services she provided at rates ranging from $300 per session to $1,000 for an overnight stay, and came to a similar conclusions as the one that police may have come to.

"Gonna be hard to fight the prostition (sic) rap when you accept donations or tips for sexual services, whether it involves intercourse or not," one poster wrote.

If you have an interest to know what is really taking place then read this I am the videographer at EmpressM.net. As you may be aware, the Enfield CT police have kept everyone in the dark as to why they raided Michelle's home business. The police have made several contradicting statements to the press, as to the nature of the search and seizure. After countless blogs began circulating around the internet, as well as local newspaper coverage, the Enfield Police released the affidavit to the Hartford Advocate (before notifying us and our attorney, Daniel Silver).



The affidavit contains scrambled text from our website, EmpressM.net. It also contains a 3rd party blog, written by one of the actresses who star in the videos. The detectives, William Cooper and Michael Bailey, however, edited out the parts of the blog which reveal it is actually a review of a video shoot written by one of our actresses. Nowhere does the affidavit explain the nature of EmpressM.net to be an adult membership website, in which viewers pay $29.95 to watch videos in the privacy of their homes.



I was present with Michelle Silva, also known as Empress M, at the time she applied for an adult home-based business at the Enfield Town Hall to be called "M Consulting". The Zoning Enforcement Officer, Wayne Bickley asked her the nature of the business, to which Michelle told him she creates adult content for an on-line website. The permit application actually contains the words: "Adult content, adult-based membership website "(Bickley omits those words when speaking to the press however, and simply states, "membership website"). He and the town clerk had no problems with the permit application at the time, and both signed it. Bickley also adds in a statement to the Journal Inquirer, he intends to consider action of his own when he finds out more from the police. He did not tell the police however, when they asked him on 11/07/05 a week before the raid, that M Consulting was an adult business (as described above). Strangely, Bickley was present at the raid, and when Michelle and I revealed to the detectives it was Bickley who signed the permit application he shouted, "It was for M Consulting"! Appearing angry, Bickley immediately charged out the front door and never returned. The detectives appeared puzzled. One of the detectives said, "Thats funny, Wayne Bickley is the one who started all of this".



The copy of the affidavit, sent to the Hartford Advocate, by the Enfield Police indicates the police were sent anonymous letters. The sender claimed to have discovered EmpressM.net while surfing the internet. The sender was able to look up Michelle's address on her U.S.C 2257 compliance statement and referred to it as a "privacy policy". The sender urges the police to look it up themselves. The detectives fail to mention in the Affidavit, EmpressM.net is actually an adult website that members pay $29.95 to watch video, nor do the detectives clearly identify "privacy policy" as actually being the U.S.C. 2257 Compliance Statement as required by Federal Law.



The Affidavit, prepared by Detectives Cooper and Bailey presents a mish-mash of 3rd hand statements, anonymous letters and blogs taken out of context. I am troubled that an anonymous person can look up our personal information on the U.S.C. Compliance Statement and without first identifying themselves, present it to an organization such as the local police, who in turn use that trust to raid our home and ruin our lives.



Lucky Knight



P.S. In a raid that would take nearly five hours to conduct, the police seized our computers, monitors, cameras, content and nearly all of our personal effects including my personal cell phone, thus in effect preventing us from be able to earn a living. We have not been arrested or charged for anything. Michelle is about to lose her home she has owned for more than ten years.

[webwoman]

Silva's lawyer, Daniel Silver of New Britain, also said this week that Silva's First Amendment rights are being violated by the shutdown of her business while the police investigation continues.

"What the town did, (what) the police did, is came in and they seized all of (Silva's) computers, servers, and everything else, which does not allow her to continue in the business of selling protected materials," Silver said in an interview Wednesday. "It's a prior restraint of First Amendment activity ... There is a large amount of case law that says they just can't hold that stuff."

Silver has filed a motion in Superior Court for the return of Silva's seized property. A hearing on the motion is scheduled for Jan. 5.

According to police, it will take months for the state police forensic laboratory to analyze Silva's computers and other items seized as part of the investigation, but Silver said copies of the material could be just as easily examined.

"It's easy enough to download on a CD everything that's in that computer and give the computer back," Silver said. "To keep this at the crime lab for the next year, which would prevent her from doing business here or elsewhere, is where the constitutional basis comes in."

He added, "Even if something was going on so that there was a potential zoning violation. there is no evidence of prostitution."