When I give presentations on social media law, one of the topics I address is the use of social media as evidence in court cases. In the past I have usually used hypothetical examples to make my point of demonstrating how people’s penchant for saying really stupid things on Twitter, Facebook, Google+, etc. can be used later on in a court case. Sadly, based on information I have learned from a story a short while ago, all of my hypotheticals from the past can now be replaced by one even worse — and far more tragic.
She tweeted what?
Consider the following tweets from the “promoter” of the nightclub where Dallas Cowboys football player Josh Brent was drinking with his teammate Jerry Brown shortly before the car crash that left Brown dead and Brent charged with intoxication manslaughter:
Tickled Pink EP@Mesha_08
I have 12 #Cowboys in theeee building!!!!!!!!!!!!!!! #Privae8 Dec 12
Tickled Pink EP@Mesha_08
These fools buying Ace on top of Ace!!!!!!8 Dec 12
What do you think?
We now have a purported eyewitness who saw them drinking and not only posted it on Twitter for all the world to see, but also posted what they were drinking (“Ace”) and her perception of how much they were drinking with the implication that it was a lot. Now, I understand that Ms. Kimesha Jackson a/k/a @Mesha_08 is trying to promote the club and, presumably, promoting it via Twitter is part of her job. But …
Surely this evidence will not unappreciated by the prosecutors in making their case against Josh Brent, right?
Surely this evidence will not be unappreciated by the Texas Alcoholic Beverage Commission in investigating just what she mean’t by “These fools buying Ace on top of Ace!!!!!!”, right?
Surely this evidence will not be unappreciated by the insurance companies investigating this tragic car crash, right?
Surely this is not the kind of evidence that other would-be patrons of Privae would want broadcast around the world about them, right?
Do you want to guess who will have the pleasure of testifying in each of these proceedings to explain just what she meant by these tweets?
Here’s a little hint: “Ms. Jackson, will you please state your full name for the record?”
- Cowboys’ Brent Admits He Was Drinking Before Deadly Accident, TABC To Investigate (dfw.cbslocal.com)
- TABC investigating club where Cowboys players may have been drinking (star-telegram.com)
- Texas Officials Investigating Nightclub Linked to Cowboys Crash (nytimes.com)
- Dallas Cowboys’ Player Killed In Car Crash. (everythinggl.com)