Appellate Court allows appeal in Johnson case

#26
#26
OK, so I'll ask the dumb question. If the phones were "lost" what good can come from this appeal?
 
#27
#27
musolfmj said:
OK, so I'll ask the dumb question. If the phones were "lost" what good can come from this appeal?
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I would think the phone company could be subpoenaed and would have the transcripts, but I'm not sure.
 
#28
#28
chargervol said:
My wife's obsession with true crime shows - First 48, web of lies, forensic files, etc.. has given me 2 realizations.

1. How important social media has become in modern investigations.

2. I think I should keep my eye on my wife's obsession for crime shows and for any additional insurance policies attached to my well being. :ermm:
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My wife watches Snapped with a pad and pen and takes notes. It's terrifying.
 
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#29
#29
volfan102455 said:
So why even use a grand jury if they are not going to look at more than this?
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The grand jury serves one purpose, gives the prosecutor what they want as they control it. Don't want a indictment, feed the grand jury towards that end. Want an indictment, give them only damning evidence.

It still amazes me that most people seem to think our justice system is fair...LOL It's not about fair, or justice for the most part it's all about winning....
 
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#30
#30
JohnD13 said:
The grand jury serves one purpose, gives the prosecutor what they want as they control it. Don't want a indictment, feed the grand jury towards that end. Want an indictment, give them only damning evidence.

It still amazes me that most people seem to think our justice system is fair...LOL It's not about fair, or justice for the most part it's all about winning....
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So then in they lose they can blame the grand jury. Got it.

And waste the tax dollars on a case that had no merit if you heard all the evidence.
 
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#32
#32
VolnJC said:
I thought this was both interesting and sad..after all the talk and delays..the grand jury apparently only heard testimony from two people

A source familiar with the investigation said the only witnesses to testify before the grand jury were a Knoxville Police Department detective and the woman who said Williams and Johnson sexually assaulted her. Grand jury testimony is secret.
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That's how grand juries work. The DA puts forth as many witnesses as he deems necessary to get an indictment, and that's it.
 
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#34
#34
erwinjrvol88 said:
My wife watches Snapped with a pad and pen and takes notes. It's terrifying.
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I thought my wife was the only one!!!!

And every once in a while, she'll speak in that narrator's voice. "And for dinner, she served soup...with an extra ingredient."
 
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#36
#36
Please correct me if I am wrong. I think since the phones are lost, the record of every text still remains for each phone. So, every word in every text on the day in question can be examined. But the telephone company will not release those records without a court order.

Up until now, the court would not order the production of those records which do exist. Now, if an appeals court judge overturns the present judge and the orders the release of the texts, barring further resistance by plaintiff's, they will become part of the defense if it helps--or plaintiff if it helps.

I think this same scenario is in the works on a terrorism case where they only have the locked phone. So, maybe they don't even know that phone number. Apple is opposing the court unlocking and gaining access to the phone because of their privacy guarantees. Maybe this case will not get so complicated.
 
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#37
#37
Darth_Shiveman said:
Hahaha well as far as #1 goes, it's crazy how so many people don't realize that every text message, social media message or post, message board post, etc leaves a trail that is basically uneraseable.
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Everyone was worried about "Big Brother" watching them and destroying or privacy...but we basically gave up our privacy voluntarily by posting everything to social media.
 
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#38
#38
If they are allowed and the girls know what is on the phone records, they might be inclined to drop the charges all together, ya never know.
 
#39
#39
Wolfeman_Vol said:
Agreed. There was something very damning to the plaintiff's case if those phones just so happened to be lost the next day. Text messages can be subpoenaed from the phone company though, and I can't understand why a judge ruled that inadmissible in the first place. And I totally agree, if intent to falsify these charges can be proven against someone, they should be prosecuted with the same penalty as the accused. That would cut down on the vengeful manipulation of the law (and I'm not speaking only of this case or the larger case against ut).
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If I'm not mistaken, the judge originally ruled in favor of the defense that the ladies would have to turn over their social media correspondence. They came back later saying it was too difficult to retrieve everything, and the judge then agreed they didn't have to. That was responsible for the previous delays.

I can understand the defense having something to hide in a case. But the prosecution should never have anything to hide. It's just shady all around.
 
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#40
#40
This isn't just about texts, but FB,Twitter,whatever the anonymous Twitter is called,Instagram,and all the other platforms college kids use today.

Why would a judge(in search for truth and justice with 2 people's lives at risk)
not want every piece examined that could shed light on the matter at hand? Especially
after the 2 plaintiffs conveniently lost their phones
 
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#41
#41
triad280 said:
This isn't just about texts, but FB,Twitter,whatever the anonymous Twitter is called,Instagram,and all the other platforms college kids use today.

Why would a judge(in search for truth and justice with 2 people's lives at risk)
not want every piece examined that could shed light on the matter at hand? Especially
after the 2 plaintiffs conveniently lost their phones
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Because of a lack of legal precedent for such things in a case like this.
 
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#42
#42
FTR, what is the source for the whole "lost" phone thing? I've not seen that anywhere but VN and then never with a source.
 
#44
#44
Darth_Shiveman said:
Because of a lack of legal precedent for such things in a case like this.
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Really? It is the same as obtaining information from a computer. And police use this to find and convict others all the time.

I'm surprised there is even a question about the information being admissible. I think the difference may be that it is the defense that is requesting it but that should not matter.

Yes there does need to be a court order so that the carriers can turn over the information - but I don't understand why that would be an issue here.
 
#46
#46
volfan102455 said:
Really? It is the same as obtaining information from a computer. And police use this to find and convict others all the time.

I'm surprised there is even a question about the information being admissible. I think the difference may be that it is the defense that is requesting it but that should not matter.

Yes there does need to be a court order so that the carriers can turn over the information - but I don't understand why that would be an issue here.
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The question isn't about admissibility. It's about the defense's ability to subpoena social media conversations between the alleged victim and other witnesses.

It's different than using computers for conviction because it's the defense and social media isn't exactly the same as files on a computer.
 
#48
#48
2 people both lose their phone the next day. YEAH RIGHT!!! I got some ocean front property in Arizona for people that believe that happened.
 
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#49
#49
So they pulled the ole 'Tom Brady' trick with their phones... Hmmmmm...
 
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#50
#50
erwinjrvol88 said:
My wife watches Snapped with a pad and pen and takes notes. It's terrifying.
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My Ex!wife did the same thing!! Lmao talk about terrifying. There's nothing like your wonderful wife looking dead in your eyes and "I could kill you and nobody would know". That's terrifying
 
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