Constitutional Law

Calif. juror ordered to turn over Facebook posts

By By The Associated Press

SACRAMENTO, Calif. — A California judge has ordered a juror to turn over Facebook messages he posted during the trial of several alleged gang members.

Sacramento Superior Court Judge Michael Kenny said on Feb. 4 that Arturo Ramirez could face jail time if he doesn't give Facebook permission to disclose the postings within 10 days.

Defense attorneys had requested the disclosure to determine whether Ramirez was influenced by any outside communication.

The five alleged gang members were convicted last year in the 2008 beating of a man at a gas station. They have yet to be sentenced.

Ramirez's posts allegedly characterized the evidence as "boring" and revealed he was on the jury.

The newspaper reported that attorneys for Facebook were present for the Feb. 4 hearing and argued that disclosure of posts was precluded by federal computer privacy law.

The judge then ordered Ramirez — who, according to the Bee, was not at the hearing — to allow Facebook to make the postings available for judicial review in chambers.

Ramirez?s attorney said the judge's order an invasion of privacy and told The Sacramento Bee that he planned to appeal.

"It's a matter of principle and privacy," lawyer Kenneth L. Rosenfeld was quoted by the Bee as saying. "There's no reason this material should be turned over. We're putting a burden on jurors that's going to make them not want to serve on jury duty. The entire system collapses without people wanting to serve on jury duty."

First Amendment Center Online staff contributed to this report.

Full post as published by First Amendment Center on February 06, 2011 (boomark / email).