QUOTE OF THE DAY: ""Facebook and Twitter appear to be misusing their immense resources to manipulate the judicial system in a manner that deprives two indigent young men facing life sentences of their constitutional right to defend themselves at trial,” Judge Charles Crompton wrote. “But Facebook and Twitter have made it clear that they are unwilling to alter their behavior, regardless of the harm to others — or the rulings of this court.""
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PASSAGE OF THE DAY: "Prosecutors must show only probable cause to secure his extradition, which would lead to Iraqi authorities conducting a criminal trial. It’s a fate Ameen’s defenders say would undoubtedly lead to his execution. But new evidence has been unearthed that his attorneys say will show he was 600 miles away from Rawah at the time of the killing. Additionally, an Islamic State Twitter account that the company suspended, as well as a suspended Facebook account, could be instrumental in proving Ameen’s innocence. But the social media giants are refusing to cooperate. In Ameen’s case and a growing list of other criminal cases, attorneys for Facebook, Twitter and other social networks are citing the Stored Communications Act — a three-decade-old privacy law — to withhold information that might help prove the innocence of Ameen and other defendants. Interviews with privacy experts and public defenders, as well as a review of court records and email communications, reveal the extent to which social media companies deny defense attorneys access to evidence. The Chronicle’s findings show the social networks routinely use their vast legal resources to fight defense subpoenas, and they have even defied court orders that could assist people facing wrongful convictions. A San Francisco Superior Court judge last year issued a scathing critique of the companies’ policies, finding Twitter and Facebook in “inexcusable” contempt for refusing his order to release evidence in a murder case. “Facebook and Twitter appear to be misusing their immense resources to manipulate the judicial system in a manner that deprives two indigent young men facing life sentences of their constitutional right to defend themselves at trial,” Judge Charles Crompton wrote. “But Facebook and Twitter have made it clear that they are unwilling to alter their behavior, regardless of the harm to others — or the rulings of this court.""
STORY: "Facebook, Twitter hold evidence that could save people from prison. And they’re not giving it up," by reporter Megan Cassidy, published by The San Francisco Chronicle on January 21, 2020. (Megan Cassidy is a crime reporter with The Chronicle, also covering cops, criminal justice issues and mayhem.)
GIST: (This lengthy article deserves to be read in its entirety. Here's but a taste. HL); By the time the FBI raided Omar Ameen’s Sacramento apartment in August 2018, his extradition back to Iraq seemed all but inevitable. Federal
prosecutors alleged that just months before Ameen immigrated to the
United States in 2014, the auto mechanic shot an Iraqi police officer to
death, part of an action by an Islamic State group convoy that took
over his hometown of Rawah. The refugee had allegedly concealed his ties
to the Islamic State and lied about his reasons for fleeing Iraq. Iraqi authorities and federal prosecutors agreed: The U.S. had unwittingly opened its doors to a terrorist. Ameen
could now become the first person in U.S. history to be extradited to
Iraq. Prosecutors must show only probable cause to secure his
extradition, which would lead to Iraqi authorities conducting a criminal
trial. It’s a fate Ameen’s defenders say would undoubtedly lead to his
execution.
But
new evidence has been unearthed that his attorneys say will show he was
600 miles away from Rawah at the time of the killing. Additionally, an
Islamic State Twitter account that the company suspended, as well as a
suspended Facebook account, could be instrumental in proving Ameen’s
innocence. But the social media giants are refusing to cooperate. In
Ameen’s case and a growing list of other criminal cases, attorneys for
Facebook, Twitter and other social networks are citing the Stored Communications Act
— a three-decade-old privacy law — to withhold information that might
help prove the innocence of Ameen and other defendants. Interviews
with privacy experts and public defenders, as well as a review of court
records and email communications, reveal the extent to which social
media companies deny defense attorneys access to evidence. The
Chronicle’s findings show the social networks routinely use their vast
legal resources to fight defense subpoenas, and they have even defied
court orders that could assist people facing wrongful convictions. A
San Francisco Superior Court judge last year issued a scathing critique
of the companies’ policies, finding Twitter and Facebook in
“inexcusable” contempt for refusing his order to release evidence in a
murder case.
“Facebook and Twitter appear to be misusing their immense resources to manipulate the judicial system in a manner that deprives two indigent young men facing life sentences of their constitutional right to defend themselves at trial,” Judge Charles Crompton wrote. “But Facebook and Twitter have made it clear that they are unwilling to alter their behavior, regardless of the harm to others — or the rulings of this court.”"
“Facebook and Twitter appear to be misusing their immense resources to manipulate the judicial system in a manner that deprives two indigent young men facing life sentences of their constitutional right to defend themselves at trial,” Judge Charles Crompton wrote. “But Facebook and Twitter have made it clear that they are unwilling to alter their behavior, regardless of the harm to others — or the rulings of this court.”"
https://www.sfchronicle.com/crime/article/Facebook-Twitter-hold-evidence-that-could-
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan.
Executive Director: New England Innocence Project;
