SANTA MARIA - It was just weeks ago when the Santa Barbara County District Attorney's office revealed it was charging St. Joseph High School Principal Joe Myers and former teacher, coach and Dean of Students John Walker with failing to immediately report alleged sexual abuse involving two SJHS students and a female SJHS student to local authorities.
One of the two students accused in the case has been identified as 18 year old Shane Villalpando of Orcutt who has since been accused of at least one other sexual assault involving another underage female student at Righetti High School.
The other St. Joseph High student, because he's still a juvenile, has not been identified publicly and remains in custody at County Juvenile Hall.
His attorney is now trying to get copies of Facebook communications involving the alleged victim as he prepares his defense ahead of trial.
"They call them, I guess, "wallpostings" and messages over a relevant period of time", says the juvenile's defense attorney Tom Allen, "so it would be from the time of the allegations until the current time, but its extremely difficult, Facebook has regulations under the Federal
Communications Act and other things of privacy, and so they have resisted and the other part of getting the records would be getting consent or court order."
Allen says he has so far not received consent from the alleged victim to release the Facebook records.
In the meantime, St. Joseph Principal Joe Myers, who remains on administrative leave, and Walker, who was fired by Myers at the end of the last school year, have both hired attorneys to represent them in court.
Both men have pleaded not guilty to the charges against them.
Allen says the case involving his unidentified juvenile client is due to go to trial next month.
Myers and Walker are expected to be in Santa Maria Court later this month.
While it's fairly easy for law enforcement and attorneys to get copies of cell phone or home phone records, getting copies of Facebook or Twitter records is much more difficult.
Even when it happens, it can still be problematic, I've been told a recent court-ordered Facebook request resulted in four thousand pages of documents.
while it's fairly easy for law enforcement and d-a's to get copies of cell phone or home phone records... getting copies of Facebook or twitter records is much more difficult... due to federal privacy laws... and it often requires a judge's order.
even when that happens... it can still be problematic... I've been told a recent court-ordered Facebook request resulted in four thousand pages of documents.
