Special Report: Social Media Becomes Issue In Trials

An increasing number of people may learn about trials not through TV newscasts and newspaper articles, but through Facebook posts and Twitter updates.

Across the country, social media in the courtroom has resulted in everything from gag orders to mistrials. The chances that Facebook updates and tweets will affect a case here in El Paso grow every day.

Disconnecting from the world isn’t easy. Just ask assistant district attorney, Robert Almonte, II.

“I’m missing my phone right now during this interview,” Almonte explained. “So you can understand how jurors feel. We’re asking these jurors to give up their daily activities, their daily lives and devote it to this case.”

Court officials say social media in the courtroom is a very big deal.

“They have to pay attention to what they’re doing,” Ector Aranda said. “They’ve got somebody’s life on the line.”

Last October, anyone in the world could have kept up with the high-profile David Marmolejo murder case through his stepsister and ex-girlfriend’s facebook statuses.

Mariah Wilson and Marmolejo were dating when his mother, Gloria, was killed. Prosecutors argue that relationship was his motive for murder. Despite a gag order issued by Judge Gonzalo Garcia prohibiting anyone from talking about the case, Wilson, the key witness in the trial, kept her online followers updated.

“Day 4 n (expletive) aint getting better yet i wish i just saw n the future n knew what was gonna b i know im doing the right thing but why does it seem like im not,” read Wilson’s Facebook status.

After our story aired, Wilson’s updates stopped.

“I don’t want a cell phone or a laptop or some Facebook status update about a case ruining that or jeopardizing someone’s freedom,” Almonte said.

Almonte said witnesses do not tend to go public with trial information. They’re given warnings, just like jurors. But that may change when groups head home for the day.

“There’s that level of responsibility from the jurors standpoint where they take their job seriously,” Almonte said.

Aranda disagrees.

“I don’t think I’d follow the rules,” Aranda said. “I’m sure half of the jury don’t follow the rules either. When they say, ‘Hey, don’t talk about the case when you leave here,’ if it goes on to another day, I’m sure they all talk about it and say, ‘Hey what do you think, you going to get him guilty or not?’ They talk about it. we’re only human.”

The temptation to Google a case is certainly always there, but court officials say you will not find much on-line in most cases.

“On your standard misdemeanor, or even your felony cases on assault, drug cases, there’s not going to be a lot of information out there to begin with” Almonte said.

Often times, these same rules don’t always apply to attorneys who sit right there next to the jury, with complete access to their phones and computers.

“Sometimes that’s my only source of communication, and i know that’s so contradictory, but i’m not Facebooking about my case, I’m not talking about how awesome I’m doing in trial at the moment, or how unawesome,” Almonte said. “I think somebody can lay off the Facebook status update for a day or two to ensure that.”