Proof of Email origins

[Erik]

Here's an update to this case, it was heard by a hearings officer this past Monday... she had no intention of filing any charges against the girl who was falsly accused. But he did go in there and accused her of doing all sorts of things that she DID NOT do.
He even went as far as to post very bad things about himself on a web site called snitchter.com and blamed her for doing them, he even made up a user name,,, "singingcanary" and said that she did all of that posting and the reason they knew it was becasue this "singingcanary" used to work with her and she was "having fun getting back at him" It's so obvious that this singing canary is in fact the "plaintiff" himself .... but the stupid hearings officer actually believed it to be legimate! can you believe it! the plaintiff had printed out the entire posting about himself that he undoubtly created!!!!
How would you go about finding out who this "singingcanary@snitchster.com" really is? Court order? and how would one go about getting that?

 

[Michael Wechsler]

You would likely need an information subpoena to obtain copies of the server logs. In a civil case this wouldn't be required since it would be requested in discovery. The logs should show IP addresses at the time of the post and that might assist you in determining whether this entire testimony is nothing but a hoax (and it sure sounds it -- I agree.) I would also ask for an entire dump of the user information, e.g. the entire account information for singingcanary.

If this site is NOT owned by the person testifying but a third party, you would likely require an information subpoena for the information. Most site owner (I've dealt with this many times before) will not voluntarily submit this information without a court order.

 

[Erik]

update

Here is another update on this matter...
the plaintiff in this case, a lying jilted lover as it were has accused this girl of many things, and even after the hearings officer at the DA's office declined to press charges, decided to take it upon himself to file contempt charges...
He stated his complaint without an atty...
the matter went before the same commissioner that granted him the restraining order...
SHE had a atty this time... they moved for a dismissal.
It was DISMISSED.
But he wont stop there... he'll hire an atty, as suggested by the commish. and press more charges.. We're sure he'll dream up more stuff in the mean time! This guy will not stop! He's a sick obsessed freak from HELL!
the commish warned him that his burden of proof needed to be very specific. and he had to have actual evidence, witnesses etc.. Just curious what the cost of something like this could run. He's a tightwad, and may not bother when he finds out what the expense would be. court orders and subpoena's cost money don't they? and the internet providers and sites charge fees for this indo don't they?

 

[Michael Wechsler]

Difficult to say the cost but it sounds like he'll be told the likely result won't be worth the cost. All of it usually does as who works for nothing?! What he is doing seems to qualify for a civil case against him, if there has been enough damage and abuse to go forward with it and if this lying plaintiff has the funds to pay if he loses the suit...

 

[obsidian]

Originally posted by JLB
My rule of thumb is to not say anything by email that I would not say in person.

interesting that you say that...


The only time I have known for an email to be admissable for threats is when my rapist started harassing me to get me to drop the charges. The detective sure liked that piece of evidence.

 

[freebird]

Email as evidence is a huge business today. It's called electronic evidence or "electronic discovery" and is all over the legal field from what I read. On a personal note I'm glad that you stuck it to the piece of trash who hurt you and I hope he got was was coming to him (and perhaps he got to feel what you felt like in prison.) The hardest thing is to stand up to someone who abused you like that and I'm so happy to hear that you did. It gives so many hope and strength.

Bottom line is that emails are def evidence!

Originally posted by obsidian
interesting that you say that...


The only time I have known for an email to be admissable for threats is when my rapist started harassing me to get me to drop the charges. The detective sure liked that piece of evidence.

 

[NYClex]

Originally posted by JLB
Have I done a good job?

Deep breath.

Sigh.

It's only a forum. . . It's only a forum . . . It's only a forum . . .It's only a forum . . . It's only a forum . . .

Very true!

Hm, Erik, I thought you asked for an opinion here. What you really want to know is if that particular DA or ADA will do what you fear or not. But only he can answer that.

As a former ADA I could give you my opinion what another ADA would do, but on second look I understand you don't want to know any opinions.