Verdict: Not Guilty
DuLino was not using the authority, powers, privaledge, other abilities of a public servant / office. he was not acting as part of a PDO. This means he can not have committed corruption per our definition. Subpoena's are available to all legal representatives, private and public. The way he got the information was through legitimate private practice. However, this ruling recognizes the main argument of the State, that Subpoena'd records are not automatically public. A List of Charges for an Arrest and a completed Criminal Record can be due to Due Process rights and the right to know charges. Investigations, notes, and other documents are not automatically public record that can be released to all viewers, such as the press, just because a public entity wrote it. A Court Record is public unless otherwise noted. but the investigation was not submitted to the Court record. Receivers are responsible for knowing if a subpoenaed document is releasable.
Due to these facts, we do find ethical and legal concerns about the care for the subpoena'd documents in this case. That is not the purview of the court at this time to rule on. That will be up to the BAR Review, and other charges that may apply to such a breach of terms a subpoena codifies in the future.
