Malheur trial: Judge rules Facebook evidence stays in

[struggle4progress]

Opening statements in trial set for Tuesday morning

KOIN 6 News Staff
Published: September 12, 2016, 11:27 am

... Judge Anna J. Brown denied a motion to suppress information found on .. Facebook pages.

The attorney for David Fry argued the federal government failed to make sure certain material separated from the evidence was not sealed or destroyed.

Though Judge Brown denied the motion to suppress the Facebook evidence, she did admonish “the government for its lack of diligence in failing to ensure” that data was sealed or destroyed ...

http://koin.com/2016/09/12/malheur-trial-judge-rules-facebook-evidence-stays-in/

[struggle4progress]

1. Prosecutors Can Use Facebook Evidence In Malheur Refuge Trial

by Conrad Wilson
Sept. 12, 2016 9:38 a.m. | Updated: Sept. 12, 2016 11:08 a.m.

... The decision is a blow for the defense, who argued the FBI and U.S. Attorney’s Office in Portland violated the terms outlined in the search warrant.

In a preliminary court filing, Brown was also quick to criticize the way government handled the evidence.

Brown’s clerk wrote in a filing Monday that “… the Court finds it necessary to ADMONISH the government for its lack of diligence in failing to ensure that non-responsive data from the seized Facebook accounts was sealed or destroyed in a timely manner following completion of the segregation of non responsive data pursuant to the terms of the Search Warrant” ...

http://www.opb.org/news/series/burns-oregon-standoff-bundy-militia-news-updates/judge-rules-prosecutors-can-use-facebook-evidence-in-malheur-refuge-trial/

[Wounded Bear]

2. Good...

In essence, she is saying that the 5th Amendment cannot be applied ex post facto.

They posted that stuff on an open forum for everyone to see. To disallow it as evidence would be crazy.