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Anyone successfully do it? I've gotten them in once, after the witness successfully identified the name, picture, relevant postings and date of birth of the defendant - but current judge has issues with authentication despite the same type of testimony being offered. I understand her concern. Any specific cases/strategies I should know about? | ||
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Are you offering printouts of things you / your investigators have found online, or are you offering records obtained directly from FB as the result of a search warrant? | |||
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Tienda, 358 sw3d 633 Rene, 376 sw3d 302 | |||
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Printout of a facebook page, comments, etc. Identifying picture, name, etc. | |||
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Thanks | |||
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Patrick Wilson, the DA in Ellis County, gave a good talk on this topic at the TDCAA Annual last September. You may want to get with him on his experience on this. | |||
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I just finished a six count arson case where the D had posted threats on FaceBook prior to the first fire. Read Tienda. Make a list of all the possible ways you can link the D to that FaceBook page. If possible subpoena the email addresses linked to the D's FaceBook page to prove they are his. Print out all the D's FaceBook photos and mark them as separate exhibits - have anyone who knows the D ID the photos at trial. If feasible call witnesses who are FaceBook friends of the D's, show them the actual printouts and have them ID the pages as being the D's. Have them also ID thier own posts/comments on the D's page. | |||
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