![]() They were charged with first-degree murder in Payne’s death earlier this month. They were caught two days later, but not before allegedly killing 60-year-old Martin Payne. James Lee Busch, 42 and Zachary Armitage, 30, escaped from the minimum security prison on July 7, 2019. “We call it beachfront condos for cons,” said the officer. Here, prisoners get to walk freely, go to the gym and can easily walk around an eight-foot fence off the property. There are about 170 inmates at a given time staying on the 87-acre property. It will be available on Amazon in the next couple of weeks.A correctional officer who has worked at William Head Institution for almost a decade is speaking out, saying warning signs about violent inmates were ignored and the most recent escape wasn’t the first time.ĬTV News Vancouver Island is protecting the identity of the correctional officer as he fears he could be fired for speaking out. It’s taken a bit longer than I had hoped, but I want to make sure that it’s the best one-stop shop for getting up-to-speed on social media discovery. Speaking of social media, I’m almost done updating my Social Media Subpoena Guide (see below) into a full book for 2016. If one of your clients has some type of restraining order, tell them not to do it. If it looks like communication, conveys some type of information between the parties, initiates some type of interaction between the parties, then it’s probably communication. If it looks like a duck, swims like a duck, and quacks like a duck, then it’s probably a duck. It wouldn’t matter what jurisdiction this happened in, a judge is likely going to conduct a duck test: People can’t turn to social media and try and wiggle around a court order. Just another medium for communication no different than a phone call or email. There are always new apps and gadgets being brought to market. Yes, social media is brand new and shiney. While the analysis isn’t nearly as straightforward as, say, walking up to a person and saying something to their face, it’s disingenuous to contend that digital passive-aggressive communication is any less communication. And had that been the excuse, perhaps the judge, after shaking her head, would be persuaded to give Gonzalez a second change together with a stern tongue-lashing… There is a presumption of innocence, not intelligence. Perhaps Gonzalez had no clue that by tagging Calderon, she would be notified of it. In this instance, Gonzalez’s tagging her sister-in-law could lead to her being in jail for up to a year.Īs New York criminal defense lawyer Scott Greenfield noted: When a judge issues an order prohibiting communication between two parties, it means any communication, whatsoever. ![]() Judge: “No communication with the other party whatsoever.”Īccused: “Well, technically you didn’t say I couldn’t tag on them on social media, so that must mean it’s okay right?”Īccused: “I didn’t message them! I just tagged them. If there is one thing you don’t want to do with a judge, it’s try to get cute. ![]() ![]() Capeci noted that the wording in the order forbade communication through “electronic or any other means.” But Westchester County Supreme Court Justice Susan Capeci denied the motion. ![]() Gonzalez moved to dismiss the charge because the order of protection placed on her didn’t specify that tagging Calderon in a Facebook post would be a violation. The New York Law Journal reports, though, that Gonzalez tagged Calderon in a Facebook post and is now being charged with second-degree criminal contempt because of the alleged tag… Maria Gonzalez was not allowed to contact her sister-in-law Maribel Calderon. The last one of those constitutes communication enough to be in violation of a court order and land you in jail.
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