891 N.Y.D.2d 511 (N.Y. App. Div. 2009)
The defendant was convicted of five counts of rape and six other charges such as sexual abuse and endangering the welfare of a child. Clevenstine argued that a computer disk with MySpace and Facebook messages between he and the defendant had not been properly authenticated. Both victims had testified that the defendant had messaged them through social media sites, and the state police had retrieved the conversations from the defendant’s hard drives. Despite testimony corroborating the accounts, the defendant disputed that he had posted the messages. The court determined that the authenticity of the account was a factual issue for the jury to decide.
No. 06-CV-01958-WYDMJW (D. Colo. 2009)
In which the court held that a subpoena issued by the defendant to social networking sites was permissible when the plaintiff claimed permanent physical and psychological injury associated with work.