groveChuck
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Miami filmmaker Billy Corben, under scrutiny for sending social media messages while on jury duty, will have to face a judge to explain his actions.
Miami-Dade Circuit Judge Jose Fernandez on Friday ordered Corben to appear in court to explain why he sent out Twitter and Facebook messages despite a court order against using social media during a February trial.
Corben, maker of the Miami-based documentaries Cocaine Cowboys and The U, served as the foreperson on the jury that convicted Angelo Williams of armed robbery. Williams’ lawyer is asking for a new trial, saying Corben’s social-media use tainted the conviction.
Corben’s lawyer, David O. Markus, a fellow Twitter user, told The Miami Herald: “I can defend Billy in 140 characters or less: He absolutely did nothing wrong.”
The judge issued a “rule to show cause” for Corben to explain in person why he should not be held in contempt of court for sending out the social media messages. The court will also try to determine if the Twitter-and-Facebook episode “prejudiced” Corben before he deliberated Williams’ case.
In the United States, judges have long warned jurors to avoid newspapers and television news coverage to avoid being influenced by publicity. With the rise of social media, judges now warn jurors about using Twitter and Facebook and using search engines to research the case.
In recent years, several high-profile convictions across the country have been thrown out because of a juror’s Internet use.
The legal dust-up began in February, when Corben — a prolific tweeter, media commentator and news junkie — was called to jury duty at Miami-Dade’s Richard E. Gerstein Justice Building.
Corbin’s messages mostly chronicled the drudgeries of jury duty, lampooning the abundance of Sandra Bullock movies shown in the jury waiting room and lack of working elevators. Before he was selected as a juror, Corben joked about a judge holding him in contempt, and asking Markus, a follower on Twitter, to defend him.
Williams, 24, was charged with the armed robbery of a convenience store in 2011. The cashier picked Williams out of a photo lineup.
After Corben was selected for the jury, he sent a handful of messages, including a crack on the view from the courthouse of the new Marlins stadium (Corben is an outspoken critic of the deal to build the park) and pointing out that jury instructions did not mention “flasking it,” a reference to booze.
Corben never sent messages identifying Williams or details of the case, although one follower wrote back, “We’ll make sure you put the bad guy away!”
Last month, Corben told The Herald that he declined to answer the social-media commentators, refusing to even name the judge. “It was as fair a trial as anyone could get in Miami-Dade County,” Corben said. “I couldn’t have been more respectful to the process and the integrity of the case.”
After the verdict, Corben tweeted that he had a “newfound appreciation” for the justice system. He called Fernandez a “great judge.”
Last month, defense attorney Sara Yousuf asked the judge to throw out the conviction, saying Corben “flouted the repeated and clear command of this court by openly inviting input and commentary about Mr. Williams’ trial.”
At Friday’s hearing, Yousuf admitted the defense team initially fought to keep Corben on the jury, but insisted the lawyers did not know of his penchant for online commentary. Prosecutor Katherine Arnholt admitted Corben’s tweets amounted to minor misconduct, but not enough to overturn the verdict.
The judge acknowledged that Corben likely disobeyed his orders against using social media, but sounded skeptical. “I didn’t instruct him that he couldn’t joke around,” he said.
Yousuf said Corben did not need to testify.
“Our position is that he would not be credible if you brought him in,” she told the judge.
Later, Fernandez joked: “You don’t think he’s credible? He said I was a great judge.”
Miami-Dade Circuit Judge Jose Fernandez on Friday ordered Corben to appear in court to explain why he sent out Twitter and Facebook messages despite a court order against using social media during a February trial.
Corben, maker of the Miami-based documentaries Cocaine Cowboys and The U, served as the foreperson on the jury that convicted Angelo Williams of armed robbery. Williams’ lawyer is asking for a new trial, saying Corben’s social-media use tainted the conviction.
Corben’s lawyer, David O. Markus, a fellow Twitter user, told The Miami Herald: “I can defend Billy in 140 characters or less: He absolutely did nothing wrong.”
The judge issued a “rule to show cause” for Corben to explain in person why he should not be held in contempt of court for sending out the social media messages. The court will also try to determine if the Twitter-and-Facebook episode “prejudiced” Corben before he deliberated Williams’ case.
In the United States, judges have long warned jurors to avoid newspapers and television news coverage to avoid being influenced by publicity. With the rise of social media, judges now warn jurors about using Twitter and Facebook and using search engines to research the case.
In recent years, several high-profile convictions across the country have been thrown out because of a juror’s Internet use.
The legal dust-up began in February, when Corben — a prolific tweeter, media commentator and news junkie — was called to jury duty at Miami-Dade’s Richard E. Gerstein Justice Building.
Corbin’s messages mostly chronicled the drudgeries of jury duty, lampooning the abundance of Sandra Bullock movies shown in the jury waiting room and lack of working elevators. Before he was selected as a juror, Corben joked about a judge holding him in contempt, and asking Markus, a follower on Twitter, to defend him.
Williams, 24, was charged with the armed robbery of a convenience store in 2011. The cashier picked Williams out of a photo lineup.
After Corben was selected for the jury, he sent a handful of messages, including a crack on the view from the courthouse of the new Marlins stadium (Corben is an outspoken critic of the deal to build the park) and pointing out that jury instructions did not mention “flasking it,” a reference to booze.
Corben never sent messages identifying Williams or details of the case, although one follower wrote back, “We’ll make sure you put the bad guy away!”
Last month, Corben told The Herald that he declined to answer the social-media commentators, refusing to even name the judge. “It was as fair a trial as anyone could get in Miami-Dade County,” Corben said. “I couldn’t have been more respectful to the process and the integrity of the case.”
After the verdict, Corben tweeted that he had a “newfound appreciation” for the justice system. He called Fernandez a “great judge.”
Last month, defense attorney Sara Yousuf asked the judge to throw out the conviction, saying Corben “flouted the repeated and clear command of this court by openly inviting input and commentary about Mr. Williams’ trial.”
At Friday’s hearing, Yousuf admitted the defense team initially fought to keep Corben on the jury, but insisted the lawyers did not know of his penchant for online commentary. Prosecutor Katherine Arnholt admitted Corben’s tweets amounted to minor misconduct, but not enough to overturn the verdict.
The judge acknowledged that Corben likely disobeyed his orders against using social media, but sounded skeptical. “I didn’t instruct him that he couldn’t joke around,” he said.
Yousuf said Corben did not need to testify.
“Our position is that he would not be credible if you brought him in,” she told the judge.
Later, Fernandez joked: “You don’t think he’s credible? He said I was a great judge.”