by TChris

Town officials from Colonie, New York are accused of issuing "pretend subpoenas" to force Time Warner to disclose the identities of town employees who sent anonymous emails that were critical of the job performance of a town official. "Copies of the e-mails, which raised allegations of mismanagement, misconduct and cronyism in Colonie's Emergency Services Department, also were sent to local newspapers." The information disclosed by Time Warner in response to the subpoenas led to disciplinary action against the two employees.

The subpoenas were signed by town attorneys Arnis Zilgme and Michele U. Mercadante. Legal experts consulted by the Times Union questioned whether the town's lawyers have the prosecutorial authority that was needed to issue criminal subpoenas. They said state and federal laws outline who has the authority to issue an investigative criminal subpoena for electronic records. The list includes district attorneys, federal prosecutors, grand juries and judges.

The town claims now claims that it issued "investigative subpoenas" rather than "criminal subpoenas," a muddy distinction that is undermined by the facts.

[T]he subpoenas carried the header "People of the State of New York" and demanded that Time Warner disclose information "in a certain criminal matter." The subpoenas said the records were being sought for a "Colonie Police Department criminal investigation."

Police Chief Steven Heider, grudgingly conceding that there was no crime to investigate, assured the public that "We never intentionally go out to violate anybody's rights."