15 August 2008 - 12:39Myspace and Facebook used in the courtroom
For the last two years, I have been hearing about employers checking potential employees’ social networking pages to see if they can dig up any dirt to decide whether to give them the job. Now, Facebook and Myspace is being used in the court of law. Unrepentant on Facebook? Expect jail time (CNN.com) details how people have gotten harsher sentences because photos are introduced as evidence.
Some examples from the article:
Two weeks after Joshua Lipton was charged in a drunken driving crash that seriously injured a woman, the 20-year-old college junior attended a Halloween party dressed as a prisoner. Pictures from the party showed him in a black-and-white striped shirt and an orange jumpsuit labeled “Jail Bird.” One image shows a smiling Lipton at the Halloween party, clutching cans of the energy drink Red Bull with his arm draped around a young woman in a sorority T-shirt. Above it, Sullivan rhetorically wrote, “Remorseful? Sullivan used those pictures to paint Lipton as an unrepentant partier who lived it up while his victim recovered in the hospital. A judge agreed, calling the pictures depraved when sentencing Lipton to two years in prison. ” Superior Court Judge Daniel Procaccini said the prosecutor’s slide show influenced his decision to sentence Lipton.
Perlin (prosecutor) said he was willing to recommend probation for Lara Buys for a drunken driving crash that killed her passenger last year, until he thought to check her MySpace page while preparing for sentencing. The page featured photos of Buys, taken after the crash but before sentencing, holding a glass of wine as well as joking comments about drinking. Perlin used the photos to argue for a jail sentence instead of probation, and Buys, then 22, got two years in prison.
Santa Barbara defense lawyer Steve Balash said the day he met client Jessica Binkerd, a recent college graduate charged in a fatal drunken driving crash, he asked whether she had a MySpace page. When she said yes, he told her to take it down because he figured it might have pictures that cast her in a bad light. But she didn’t remove the page. And right before Binkerd was sentenced in January 2007, the attorney said, he was “blindsided” by a presentencing report from prosecutors that featured photos posted on MySpace after the crash. One showed Binkerd holding a beer bottle. Others had her wearing a shirt advertising tequila and a belt bearing plastic shot glasses. Binkerd wasn’t doing anything illegal, but Balash said the photos hurt her anyway. She was given more than five years in prison, though the sentence was later shortened for unrelated reasons.
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