Criminal

Evidence from the Internet part 2

By February 25, 2017 No Comments

I give you a can full of examples. A lot of you know what some friend of your friend had for dinner last night. Why? Why are you putting on the internet what you had for dinner and how fantastic it was and then getting irritated with your significant other if they took a bite of it before you could snap a photograph in the middle of the restaurant, that candidly kind of makes us look like we don’t belong here. That experience is common. Now people document, what about fitness trackers, you all understand these exist right. You understand that this turning up in courts.

You know it’s interesting, according to your fitness tracker on the night of September 20th. You are in a restful state until about 2 o’clock in the morning. About 2 o’clock in the morning you abruptly woke up, according to the GPS tracker in your phone, you then got in your vehicle drove to an address. Now that address happens to be occupied by the person we alleged as your mistress. Somewhere around 3.30 in the morning, your heart rate spiked, for about 45 seconds and it’s an easy laugh every time. That you get, where I’m going with this. That information exists. It’s out there, you can actually, if you think to go look for it, you can go get it. It is relevant, it is discoverable and it is obtainable with a subpoena.

And so that is changing the way, people like me approach discovery because suddenly it’s not asymmetrical. Yes I have a lot of information. But strangely now so do you. And when you sue me for emotional distress, one of the damages, one of the elements of damages you can get and I will put up slighter upper than my name. yeah there. One of the elements of damages you can get in any plain vanilla employment torts of wrongful termination race, sex, national origin or whatever you want is an emotional distress. I was destroyed and people will say their depositions and they mean it like they are under oath and they mean it. I was totally destroyed, wrecked my confidence, I was a basket case , I couldn’t even leave my room, I was crying for days and they will sometimes even muster tears in the deposition which for all I know is true. Being disposed is a very stressful experience and it was about that time that I say that I would like to hand you what I have marked as deposition exhibit number by this point cause that’s at the end you become mean at the end of the deposition. I want to hand to deposition exhibit number 37.

To take a look at it and tell me if you recognize it, what is it? This looks to be Facebook. It is. I want you to go ahead and back in time. And I want to pick a day that’s about a week after you were fired. Want you to be flip back, you see this one. Yeah what is that? Well that’s a picture of me. Where are you? Well I’m at a party. What are you doing? I’m dancing. And is that you smiling? Yeah now was this immediately after you stopped crying or immediately before you stopped crying? Like what? And it’s a documented record that the story you have woven about how you were completely emotionally wrecked is not 100% true. You need to be careful about overstating your case. Because in the modern world you have actually created a record that I can go get approve to be liar.

And the reality is look you were wrecked. And then for a night, you hold it together and went try to have fun with your friends and yes for that moment I forgot what happened to me. But then when I got home that night, I was crying again I was back in the bottle. So it’s not like there is story there that if you are not aware of what you’re clients are posting. You let them stick their necks too far in the deposition. And it allows a person like me that has gone and done their homework to hurt them.

Francisco Hernandez

Author Francisco Hernandez

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