Impeachment Via Social Network Websites

Los Angeles County Sheriff’s Department

NEWSLETTER

Field Operations Support Services,
VOLUME 09 NUMBER 07
DATE: May 27, 2009

IMPEACHMENT VIA SOCIAL NETWORK WEBSITES

DISCUSSION:

Can what you post on social network websites (such as Facebook and MySpace) be used to attack your credibility in a courtroom

SCENARIO

Recently, in a the New York State court, a NYPD officer was questioned by the defense regarding statements he had posted on his Facebook

webpage that portrayed him as a rogue cop.  At the conclusion of his testimony, what should have been a slam-dunk “ex-con with a gun” case, resulted in an acquittal for the defendant.  The verdict was a direct result of reasonable doubt that was created by the officer’s postings on Facebook and MySpace.  In other words, his own statements were used to impeach him.

Convictions rest on the credibility of the officer(s).  The defense strategy was to show the jury that what the officer writes about himself on social network websites is how he “really” conducts police work.  The suspect in the case claimed that the officer used excessive force on him, which resulted in three broken ribs.  The suspect went on to allege that when the police officer realized that he had to explain the broken ribs, he “planted” a stolen 9mm Beretta and charged him with it.  The officer in the case claimed that his internet persona was simply bravado, similar to what might be said in a locker room.  The major difference between jokingly “talkin’ trash” in person and posting it on the internet is that one of them ends up preserved on a digital server.

One of the notable comments introduced to the jury, was that he watched the movie ....

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