Facebook can be a great way to communicate with friends and the masses.
It can also create big headaches in a trial.
A man convicted of first-degree murder last Monday in Macomb County Circuit Court wants a new trial, claiming that Facebook comments by two jurors kept him from getting a fair trial, Jameson Cook of the Macomb Daily reports.
The Macomb Daily writes:
Attorney Khalid Sheikh filed the motion Wednesday on behalf of Terry L. Wilson, 21, of Clinton Township, who was found guilty by a Macomb County jury for the May 2013 shooting death of William “Willie” Clark, 24, during an argument at a township park.
“The verdict in this case was tainted and the defendant’s rights to a fair and impartial trial and fair and impartial jury were violated,” Sheikh says in a legal brief. “The outside influence on the jury and the resulting guilty verdict have created a travesty of justice.”
Assistant Macomb County Prosecutor Jurij Fedorak, who prosecuted the case, responded Friday he is confident the verdict will stick because the remarks were “innocuous.”
The Warren foreman's pre-verdict social media comments remain online.
Judge Jennifer Faunce today hears a motion saying an egregious comment was made by jury foreman Harvey Labadie of Warren before deliberations, the Macomb Daily reports.
A Facebook friend of his posted a comment "cool" regarding his service on the case.
“Not cool a young man is dead another young man will be in prison for [a] long time maybe,” says a post on Labadie’s Facebook timeline a day after May 30 closing statements (shown at right). Deliberations began and ended the following Monday.
Additionally, juror Gary Ludwig suggested on his Facebook page hours after the verdict that he read news reports about the case previously, the paper says.
“The case has been in the papers,” Ludwig says. "Last year, May 5th, 2013. Clinton twp. Guy shot his friend during a fight."
The defense attorney claims Ludwig may have been influenced by articles.
Both former jurors' comments still are on their pages as of mid-afternoon Monday.
