IV.EVIDENCE IN SUPPORT OF THE CHARGES
On September 13, 2011, at approximately 2:31 p.m., Rocco Martinez, using thehis Gmail account, emailed Linda Miller, the Deputy Executive Director of the Philadelphia
Parking Authority ("PPA"). Martinez wrote, "I have footage of one of ur PPA officers buying bootleg movies [. . .] and ppa officer saying give me two movies and I will remove ur tickets for free with no problem." Martinez instructed Miller, "contact me before I go public."Miller immediately told the PPA's Executive Director, Vince Fennerty, about thesituation. Fennerty instructed Miller to ask Martinez for his phone number so that Fennertycould talk with him.At approximately 3:33 p.m., Miller emailed Martinez, and said that after PPAviewed the video, management would have its investigator "gather any necessary information todetermine the appropriate disciplinary action towards the enforcement officer." Miller alsoadded, "I hope you will allow us to investigate this matter before you share it with the mediaoutlets."Martinez replied by email within fifteen minutes. He said, among other things, "Iwont put it on any networks till we come to an agreement .. So its 3:47 I can stall but not for longI am very upset about this and people of Philadelphia WOULD BE TO."D. Justin Price, a forensic examiner assigned to the Philadelphia regional
Computer Forensic Lab would testify that Gmail is an e-mail service that can be accessedthrough secure webmail as well as through POP and IMAP protocols. Regardless of whichmethod is used, users of Gmail must access the internet when either sending or receiving e-mails.Because these e-mails were made via the internet, they were transmitted in interstate commerce.See United States v. MacEwan, 445 F.3d 237 (3d Cir. 2006).