Computer Crime Research Center


The David Gorcyca Interview

Date: January 17, 2008
By: Andrew Sawmiller

... children sexually. (Enforcement) is difficult because they now can sit in the comfort of their home and exploit children rather than going to playgrounds and schools and malls to prey on children. So, it's difficult to see what's going on behind doors.

Fortunately many law enforcement agencies have started to implement computer crime divisions to prevent and curtail sexual exploitation, white-collar crime, identity theft, and other crimes. Now, probably the quickest, most burgeoning area in crime is mortgage fraud and title exploitation and people selling house they don't have title to and committing a multitude of mortgage fraud on banks across the county and the state of Michigan. By the time we catch up to them, they're long gone and so is the money.

Obviously we can't grab any individual's laptop unless we have a search warrant or we believe it's part and parcel of committing a crime. So, people can be assured that Big Brother is not tapping into their computers at home or at their businesses without just cause and a search warrant to do so. We don't perform a forensic evaluation on computers until we have it in our hands and it's obtained through lawful court order.

SCN: You're seen as a tough-on-crime, hardened lawyer who can do his job no matter the circumstances. Is there a side of David Gorcyca the public may not know about or that you would like to share? How do you think you'll change, if at all, after being away from public service?

Gorcyca: I never get swayed by media editorials about what the right thing is to do or not to do. Generally speaking, I'm dealing with facts that media and public aren't privy to and I'm bound by ethical rules not to expose them to prejudice the defendant's pre-trial rights or to biased or prejudice a jury before they get to trial. So, I often have to bite my tongue knowing that there's much more to the case than is printed in the media, but I'm bound ethically to do so. If there's one thing they should know, the worst fear of any prosecutor, including myself, is to look in the mirror when I leave this office and think that I wrongfully convicted an innocent person. So, I'm very conscience in trying to do the right thing, making sure we have sufficient facts and evidence to present to a jury. It would be my worst nightmare and if I ever knew it, I would do everything within my powers and abilities to right that wrong. I want the public to know that I'm very conscious about decisions that we make, the cases that we try, and that there's never a day that goes by where I don't often review or criticize my own decision-making process just to ensure that I'm making the right decision and question the assistant prosecutors about the facts and circumstances of the case. It's just something that I'm very fearful of and mindful of and I know I have a great responsibility to do justice. But doing justice isn't always charging and convicting people.

I'm not sure If I will change much, but I know I'll have the freedoms and liberties to spend more time with my kids and my family. I get drawn out of the office to attend a lot of ancillary events, whether it be a political fundraiser or philanthropic fundraisers, being on committees, and differing boards. I think I will have more personal free time to spend with my family, which is what I'm relishing and looking forward to.

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