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February 16, 2005

Johnathan Mistrial a lesson for 'net users

The bombshell that brought a premature end to the trial of three teens charged with killing 12 year old known only a Johnathan should serve as a warning to those who post to blogs, newsgroups and bulletin boards. The jury was already deliberating when the judge declared a mistrial citing the possible perjury of the prosecution's star witness.

At issue was a profile the witness posted on a website for "vampire enthusiasts" which stood in stark contrast to the testimony she gave in court where she said she had no interest in vampirism and thought the interest her former boyfriend (one of the accused) had shown on the topic was "childish." That was important because one of the defense strategies to explain other evidence was to suggest the boy was trying to impress his girlfriend.

Details of her web postings were revealed in yesterday's National Post. At least some of the content had been removed last year, but still exists in Google's cache of web pages.

Herein lies the first lesson for those of us post content to the internet - it may never go away. Quotes from your posts may exist on other websites, in Google's cache, in the internet archive at Alexa or have been saved to someone's hard drive. Once you post it, you are stuck with it. If it matters enough, an enterprising individual will find it and use it if it suits their purpose.

The most damaging of the witness's postings were made to bulletin board/forum-type site under a handle and where she provided little identifying information. That is what people like about bulletin boards - they can have their say anonymously. Despite this, I have seen postings that could be considered libelous or threatening where the author has included their email address or a link to their personal web site. Even where authors who haven't been that foolish, often include enough information for a resourceful person to figure out who they are.

The witness in the Johnathan trial may face perjury charges over the revelation - this is the second lesson. Too many of those writing on the internet seem to think they are not accountable for what they write. How else can you explain bloggers posting entries suggesting that a person embroiled in a scandal is "gay prostitute" supported only by a classified ad and a rumour. Each of us is accountable for what we say and should not post anything unless we can justify it.

Bloggers and those who post to message boards should remember the golden rule: "If you don't want to see it and your name on the front page of the newspaper, don't post it."

Further Reading:
Johnathan mistrial: Judge says Post story casts doubt on witness (National Post)
Mistrial declared in brutal slaying of Toronto boy (CBC News)
Mistrial declared in Toronto murder trial (Canadian Press)
Johnathan trial aborted (Globe and Mail)
Mistrial in Johnathan case (Toronto Star)
Johnathan mistrial (Toronto Sun)

Posted by maxthecat on February 16, 2005 at 09:05 AM | Comments (0) | Printer-friendly version
Filed in: The Media

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