Facebook Evidence in Litigation Proceedings

In the middle of October, the Connecticut Supreme Court heard oral arguments from counsel regarding facebook photographs that were allowed as evidence. The arguments centered on the fact that these photographs should not have been introduced as evidence and, the fact that they were admitted actually violated the defendant’s constitutional rights.

The controversy began in 2004 when Alia Altajir, granddaughter of an Arab billionaire, was driving while intoxicated when she crashed and killed her best friend. Altajir was charged with manslaughter and in 2007 agreed to plea bargain to a lesser charge. However, after she was released from prison, Altajir admitted to violating her court ordered probation.

During her 2009 sentencing hearing in Litchfield Superior Court, photographs which were posted on Altajir’s facebook page were introduced. After the judge reviewed the photos, he commented that it did not appear that Altajir had any remorse after what happened. The prosecutor argued that the photos demonstrated that even after serving her jail sentence, she was not changing her lifestyle. Altajir’s attorney stated that he had advised his client to take down her facebook page, but she declined. He also argued that the photographs did not contain dates which made it impossible to determine whether the photographs were taken during Altajir’s probation.

Both attorneys admitted that this case could set new standards for when and how facebook photographs can be used in court hearings and trials. While this case addresses how social media websites can be used in a criminal case, it is obvious that it is opening the floodgates to how social media can be used in any type of litigation proceeding.