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

By Walin & 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...continue to full post

Full post as published by Southern California Criminal Defense Blog on July 29, 2009 (boomark / email).