Facebook and Myspace Disclosure of Evidence that Holds a Defendant’s Innocence

By: Wallin & Klarich

As the law offices of Wallin & Klarich work alongside attorney Robert C. Kasenow, II in defending the rights of our client accused of alleged sexual offenses, we have filed a petition for review with the California Supreme Court seeking evaluation of a lower court order. Exculpatory evidence through subpoena or any other court process has previously been denied via the federal Stored Electronic Communications Act.

Through our investigation and the nature of the two complainants’ contrary statements to law enforcement regarding the alleged assaults and stating that they did not know each other during the initial investigation, they are “friends” on Facebook and both have Myspace accounts. We believe there is a “connection” between the two complaints and that the information we are seeking from the complainants’ social networking site accounts will demonstrate that the two discussed their respective stories before speaking with law enforcement.

At Wallin & Klarich, it is our position as California criminal defense attorneys that, as is the instance with any other kind of business records, such as medical records, school records, telephone records, or accounting records, the defense should have the ability to require Mysapce and Facebook to release, under seal, to the Court, any exchanges the complainants may have made between one another. How can a case proceed without a confidential “in camera” review by the Court to assess the social networking site account content to determine whether they contain relevant or exculpatory evidence?

We will keep our readers posted regarding the case and the status on Myspace and Facebook claiming they are legally barred from disclosing information that should be used to provide evidence in a Court of Law. Our client’s case and the challenge associated with the Stored Communications Act, 18 U.S.C. §§ 2702-2703, is a situation that anyone could face.

If you would like to support Wallin & Klarich in our pursuit for justice, or if you would like any additional information regarding this case, please read the following press release. We can also be contacted at [email protected] or by calling 877-466-5245.

Posted In: Criminal Appeals