my space

[bcbc]

My son was attacked by his girlfriends drunk father one night. We are now proceeding with a felony jury trial in January for malicious wounding. My son posted a pix of his injuries on his my space. a friend saw it & asked what he is going to do. My son posted that he is going to sue him for all he has, hOuse, money car, etc. His ex-girlfriend made hard copies and gave them to her fathers lawyer. Can this be used?

 

[mafioso]

The DA can argue against using this based on the lack of sufficient acceptable legal provenance or authenticity of the post on my space…… "It might be his page but does not mean he did it". Your sons should not answer or talk with them or any friends about any details of his case. But even if he said that, he reserves his first amendment right to free speak about his intention to sue or whatever. That would not hurt his case. They may try Adhominen attacks which would not work because they are not necessary to influence the facts of the case. This is a small detail which would not alter the outcome of the case. The "red neck stuff" might not have been the best choice of words but he might have done that in anger which is a fair argument. It would not hurt the case if allowed. They would even have to prove he posted such a comment…………It could have been done by his friend who has access to his page and password who was just messing around. His post has nothing to do with the real facts of the case……..It would change nothing!

 

[bcbc]

If my son tries to file a civil suit after this man is hopefully convicted , the attorney we are planning to use said that the my space will hurt him in the civil case. He said the other attorney is going to dig up everything on my son, and I mean everything because his ex-girlfriend knows everything (dui-2, drunken arguments, suspended license). All this is documented on his my space, which his girlfriend has hard copies. He recently set his my space profile to private and I am after him to delete it. He is 21 and has his own apartment. Our attorney said if the jury hears that he is no angel and is just pursuing this for the money, they will be angry. Believe me though, he did suffer pain and suffering and lost time from work. Medical bills are up to $ 17,000 plus, paid in full by my insurance company and my sons co-pay money. Our attorney asked if we still want to pursue a civil case because of all the my space and driving violations. What do you think?

 

[Michael Wechsler]

Another myspace issue, not uncommon. People should know already that posting pictures on myspace or any other web site is something they should think about before posting. I don't doubt that the pictures can be used in court and that the other attorney would eventually see them because that is what will happen in any criminal or civil case. There will be cross examination. And the victim is best of taking down the pictures and just keeping quiet about what is going on. Telling the world you'll sue them for all he has isn't unheard of but the other attorney will likely try to manipulate that into being opportunistic. The advice given to you was pretty good. Just do what you have to do and let the facts and injuries speak for themselves.