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Criminal Law

: Grits for Breakfast

New evidence in the internet age: Your Facebook smiley icons can and will be used against you in a court of law

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After reading a post over at Doc Berman's shop about the use of Facebook photos and profiles to criticize defendants' character, reacting to this AP story, I was interested to read about a similar situation arising from a DWI case in Waco ("Drunken driving sentences hard to call," Tribune Herald, July 19), where FaceBook pictures were used to portray the defendant as uncaring and remorseless about causing the death of her cousin:A week before Lacey Kutscherousky went to trial for killing her cousin in a drunken driving accident, she wrote on one of her social networking Web sites that her mood was ?breezy.? She punctuated that emotion with a yellow smiley face. This week, Kutscherousky remains in the McLennan County Jail awaiting transfer to prison to begin serving her two-year sentence...continue to full post

Full post as published by Grits for Breakfast on July 19, 2008 (boomark / email).

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