Sep 162010
 
 September 16, 2010  Posted by  Court, Online

From Bow Tie’s Law Blog:

In an unplublished criminal appeal over a jury instruction that the Defendant failed to explain or deny evidence, the Appellant-Defendant claimed as his alibi that he was playing poker on MySpace at the time of the crime.

The Prosecutor claimed the “MySpace Alibi” was implausible or bizarre. People v. Calderon, 2010 Cal. App. Unpub. LEXIS 7172, at *5-6 (Cal. App. 2d Dist. Sept. 9, 2010).

The Court of Appeals disagreed, finding the alibi was neither implausible or bizarre. Calderon, at *6.

[…]

There is a courtroom drama waiting to erupt in a brutal cross-examination over whether someone was on Facebook on their iPhone or at home when the “Social Media” alibi is next offered.

Read more about the case and what might happen in the future when a social media is offered on Bow Tie’s Law Blog.

I expect that some will use this to tell us how data retention and logs are our friends…

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