ATLANTA — Many people use social media platforms as a diary for their thoughts and most people assume a text they send to someone will never be made public.
Channel 2 investigative reporter Ashli Lincoln is learning that posts and texts are being used in court cases more and more across the nation.
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The latest in these cases is the federal hate crimes trial of Travis and Greg McMichael and Roddie Bryan surrounding the murder of Ahmaud Arbery.
During the trial, federal prosecutors used private text messages and social media posts made by the three men in an effort to prove they had committed a hate crime in killing Arbery.
These posts and texts showed a pattern of usage of racial slurs and racist language.
“If that’s what it takes to get transparency and accountability in this county, I’m all ok with that,” community activist Scotty Smart said.
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All three men were convicted of hate crimes and will be sentenced in the coming weeks.
Each has already been sentenced to life in prison after being convicted of Arbery’s murder in last November’s state trial.
Criminal defense attorney Jessica Cino says the use of private text messages and social media posts in court is becoming increasingly common, but typically in custody or personal injury cases.
“Previously, we would see any type of technology company, whether that’s Apple and the iPhone, or it’s Facebook in terms of its software, saying, ‘We don’t want this information to be provided,’ but more and more, the government has been successful in these subpoenas,” she said.
Cino says that the text message and social media evidence in the hate crimes trial was crucial.
“It’s not somebody saying, ‘I heard him say one time, that he didn’t like Black people,’ these are verbatim text and social media post,” she explained.
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Cyber expert Dr. Andy Green says the idea that text messages and social media posts are private is essentially false. He says government agencies only need a subpoena to gain access to that information.
“Anytime you post anything to Facebook and you delete it, they still have a copy of it somewhere,” he said. “Any government agency is going to be able to have almost unfettered access into your messages depending on circumstances.”
Attorneys say that with Georgia’s new hate crime law, the Arbery case has provided a road map toward possible convictions.
““I think what this has done, especially in cases like this where it’s difficult to prove motive absent the actual words of the defendant, and it comes in and it makes the case,” Cino said.
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