The ruling is the first of its kind in the state — and possibly the county.
As social media has become an ever-more important part of our lives, it has become increasingly critical in criminal cases. Police and other law enforcement agencies often use social media as evidence in criminal prosecutions. It may be offered to prove that a defendant associated with certain people, that he or she was at a particular location, or even that he or she possessed a gun.
Until a recent ruling, however, only law enforcement could obtain private social media postings. While criminal defense attorneys could use publicly-available information, only law enforcement agencies could force social media companies such as Facebook, Twitter and Instagram to turn over private postings and messages made by users.
According to a criminal defense attorney in San Diego, a recent ruling by the California Supreme Court may change that dynamic. In mid-July, the Court upheld a ruling by a San Francisco judge that found that social media companies must turn over private postings sought by defendants in a murder trial. Once the postings are produced, the judge will review them, and determine which will be given to the defense.
In the underlying case, three participants were convicted of a drive-by shooting that led to one man being killed and his girlfriend being seriously injured. One of the participants was a minor, who was found responsible for the murder and attempted murder in juvenile court and committed for a term of 83 years, four months to life for his role. He admitted that he shot the victim, and stated that the victim “would have done the same thing to us.”
The prosecution’s theory in the case is that the three participants in the case — the minor, Derrick Hunter, and Lee Sullivan — were members of a criminal street gang, and that the victim was killed because he was a member of a rival gang who had threatened the minor via social media. Specifically, the minor stated that the victim had tagged him on Instagram in a video featuring guns.
Attorneys for Hunter and Sullivan sought a range of social media posts from the victim and a witness for the prosecution, including deleted posts or messages and public and private communications. They served subpoenas on Facebook, Instagram and Twitter.
As a criminal defense attorney in San Diego can explain, this case highlights the necessity of being able to access the same type of evidence that law enforcement officials can obtain. Through the social media posts and messages, the lawyers for the defendants in this case may be able to prove that they were provoked or were acting in self defense or defense of others. To deny them the right to obtain that evidence would be to deny them a right to a fair trial.
At the Chambers Law Firm, we believe in aggressively defending our clients against all criminal charges, from misdemeanors through serious felonies. We are committed to using a range of tactics to helping our clients achieve the best possible outcome. To learn more or to schedule a free initial consultation, contact us today at 714-760-4088 or dchambers@clfca.com.
