Our Region - Courts/Legal News
0 comments | Print

High court orders briefs in Facebook juror case

Published: Friday, Feb. 25, 2011 - 12:00 am | Page 3B
Last Modified: Sunday, Jan. 8, 2012 - 10:02 am

The California Supreme Court wants to take a closer look at the Facebook juror case that originated in Sacramento.

In a Feb. 18 letter, the high court's clerk directs lawyers on both sides of the case to file briefs by next week.

The move makes one expert think the justices might want to conduct a full review of the case and possibly issue a written opinion.

"You wouldn't order the response unless you thought there was something there, if there was a case there," said McGeorge School of Law professor Michael Vitiello.

Sacramento Superior Court Judge Michael P. Kenny on Feb. 4 ordered juror Arturo Ramirez to turn over to Facebook his postings from a gang-beating trial last year. Facebook would then forward the postings to the court.

Attorneys for the five defendants in the gang case wanted to look over the postings and responses from the juror's friends to see if he was biased against their clients. They also want to see whether he may have been influenced in his guilty verdict by his Facebook friends.

Ken Rosenfeld, the court-appointed lawyer for Ramirez, lost at California's 3rd District Court of Appeal in an effort to block Kenny's order. But state Supreme Court Chief Justice Tani Cantil-Sakauye stayed the order. And by ordering the briefing schedule, her court has indicated it is at least somewhat intrigued by the issue.

The court asked the defense lawyers who want to examine the juror's Facebook postings to file their briefs by Monday. It gave Rosenfeld three more days to respond.

The high court's action will delay a hearing that Judge Kenny had ordered in his courtroom for today. Kenny's hearing likely will be pushed back into the middle of March.

Vitiello said the petition filed by Rosenfeld "obviously states something that is substantial enough for the court to think it's worth having a response brief."

"It doesn't mean you're going to get a review, but I would bet you're going to get a review," Vitiello said. "It's a real interesting question."

Rosenfeld has argued in his court papers that Kenny's order violates the privacy rights of the juror, who himself violated a judicial admonition not to discuss the gang case while it was ongoing. The defense lawyers say they need to look at the postings to make sure their clients got a fair trial.

In another twist, the defense lawyers for the five reputed gang members convicted in the case are seeking their own attorney to represent them in the appeal to the state Supreme Court.

One of the five, Mike Wise, said the request was made to the publicly funded conflict defense panel, "and they've indicated they are going to appoint counsel for that purpose."

© Copyright The Sacramento Bee. All rights reserved.


Call The Bee's Andy Furillo, (916) 321-1141.

Read more articles by Andy Furillo



About Comments

Reader comments on Sacbee.com are the opinions of the writer, not The Sacramento Bee. If you see an objectionable comment, click the "Report Abuse" link below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.

What You Should Know About Comments on Sacbee.com

Sacbee.com is happy to provide a forum for reader interaction, discussion, feedback and reaction to our stories. However, we reserve the right to delete inappropriate comments or ban users who can't play nice. (See our full terms of service here.)

Here are some rules of the road:

• Keep your comments civil. Don't insult one another or the subjects of our articles. If you think a comment violates our guidelines click the "Report Abuse" link to notify the moderators. Responding to the comment will only encourage bad behavior.

• Don't use profanities, vulgarities or hate speech. This is a general interest news site. Sometimes, there are children present. Don't say anything in a way you wouldn't want your own child to hear.

• Do not attack other users; focus your comments on issues, not individuals.

• Stay on topic. Only post comments relevant to the article at hand.

• Do not copy and paste outside material into the comment box.

• Don't repeat the same comment over and over. We heard you the first time.

• Do not use the commenting system for advertising. That's spam and it isn't allowed.

• Don't use all capital letters. That's akin to yelling and not appreciated by the audience.

• Don't flag other users' comments just because you don't agree with their point of view. Please only flag comments that violate these guidelines.

You should also know that The Sacramento Bee does not screen comments before they are posted. You are more likely to see inappropriate comments before our staff does, so we ask that you click the "Report Abuse" link to submit those comments for moderator review. You also may notify us via email at feedback@sacbee.com. Note the headline on which the comment is made and tell us the profile name of the user who made the comment. Remember, comment moderation is subjective. You may find some material objectionable that we won't and vice versa.

If you submit a comment, the user name of your account will appear along with it. Users cannot remove their own comments once they have submitted them.

hide comments
Sacramento Bee Job listing powered by Careerbuilder.com
Quick Job Search
Buy
Used Cars
Dealer and private-party ads
Make:

Model:

Price Range:
to
Search within:
miles of ZIP

Advanced Search | 1982 & Older



Find 'n' Save Daily DealGet the Deal!

Local Deals