Subject: [NEXTEL-1] "LAWYER IS SENTENCED FOR BUGGING BEDROOM"

From: [email-masked]
Date: Sun, 21 Sep 2003 16:45:02 -0400

Friday, 9-19-03, The Philadelphia Inquirer 
"LAWYER IS SENTENCED FOR BUGGING BEDROOM"
By Keith Herbert, Inquirer Staff Writer

James Fogerty was given five years probation for putting a wiretap in his 
ex-girlfriend's home.

A former Chester County lawyer who pleaded guilty yesterday to bugging his 
ex-girlfriend's bedroom was sentenced to five years' probation.
James Fogerty, 38 formerly of Exton, also was ordered to have no contact with 
the victim, Kim Nguyen, or her family.  Fogerty will be allowed to serve his 
probation in Arizona, where he moved in July, said Timothy Woodward, his 
attorney.

In Montgomery County Court, Fogerty said he expected his conviction to cost 
him his license to practice law, according to assistant district attorney Kevin
Steele.

Fogerty pleaded guilty to criminal trespass and two counts of violating state 
wiretap laws, all felonies.  Charges of harassment, harrassment by 
communication and burglary were dropped.

Fogerty's case had been scheduled for a pretrial conference yesterday before 
Judge Maurino Rossanese but negotiations led to a guilty plea, said Steele, 
chief of the trial division of the Montgomery County District Attorney's Office.

"A lot of negotiations went into this sentence", Woodward said.  "I'm 
delighted that Jim doesn't have to spend any time in jail.  He pleaded guilty
because 
there was overwhelming evidence against him."
Nguyen, of King of Prussia, told Upper Merion police in February that Fogerty 
was harassing her.  Nguyen and Fogerty had dated for six years, and lived 
together in Audubon, Lower Providence, between April and August 2002, police 
said.

Nguyen said that she moved out after a break-up, but Fogerty continued to 
send her dozens of lengthy e-mail messages, court records state.
An e-mail note from Fogerty contained words that she had said in conversation 
with a friend in her apartment only hours before.  She told police she 
suspected her apartment was bugged, court records state.

When police searched the bedroom, they found a hidden listening device 
attached to a phone line.  Police learned that Fogerty had paid for the phone
line,  according to an affidavit.

Steele said police believe Fogerty broke into Nguyen's apartment to plant the 
bug. 

http://www.philly.com/mld/inquirer/news/local/6806442.htm

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