Nov 022011
 
 November 2, 2011  Posted by  Court, Online

Peggy Wright reports:

A judge Wednesday refused to dismiss an indictment against a woman accused of impersonating a former boyfriend, a Parsippany police officer, by creating a Facebook page in his name and posting nasty comments about his lifestyle and job.

In what is known as a case of first impression, defense lawyer Richard Roberts sought to get the identity theft indictment against Dana Thornton dismissed on the grounds that New Jersey’s statute does not apply to Thornton’s case because it does not specifically address impersonation through the use of social media or the Internet.

“This argument lacks merit,” Superior Court Judge David Ironson ruled in Morristown.

Read more on Daily Record.

I’m not surprised by this ruling. As I noted in my previous coverage of this case, the statute may not have included online impersonation but it didn’t exclude it, either.

So what’s next? I wouldn’t be surprised if there was a plea deal in the future, as I really suspect that the defendant might be convicted.  Not that I think this is the right charge, but I can envision a conviction and that may not be a risk worth taking.

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