Prospective employers, law enforcement and college admissions departments are examining social networking sites. Are you?
Social networking sites like Facebook, MySpace and Xanga can be treasure troves of evidence relating to parties or witnesses. The photos, videos or written posts placed on a social networking site can devastate a case. According to press accounts, early this year Joshua Lipton learned this lesson the hard way. Lipton, who was a defendant in a drunk driving case, was confronted at his sentencing hearing with pictures from a Halloween party, taken a few weeks after his alleged offense. In the photos, he wore a "prisoner" costume complete with "jail bird" written on his orange jumpsuit. Someone posted the photo on Facebook and the prosecutor got a hold of the picture prior to the sentencing hearing. Based on an account in The Everett Washington Herald, the Judge was outraged by the defendant's lack of remorse (for the offense and injury to the victim) and gave him a 2 year prison sentence.
A few years ago I defended a car wreck case where the plaintiff claimed a neck injury. A week prior to the wreck, the plaintiff made a diary entry on a social networking site describing her long history of severe neck pain and recent course of treatment. The case settled quickly and cheaply after the plaintiff was confronted with the post in her discovery deposition.
There is no limit to what a person may say (or be seen doing) on a social networking site. A college student who faced expulsion for misconduct traced through his posts stated “I never thought something on Facebook would get me into trouble out in the real world.” His mindset is not uncommon and many users don't realize their posts may come back to haunt them when they look for a job, apply to college or appear as a witness at trial.
Dan Berexa
Nashville, Tennessee
Comments