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Robbery Suspect Cleared By Facebook Alibi

postermmxvicom writes "Rodney Bradford has been cleared of robbery charges because of a Facebook update. The defense was able to prove that the update was made from his father's house, 13 miles away from the crime committed one minute earlier. Lawyer John G. Browning said, 'This is the first case that I’m aware of in which a Facebook update has been used as alibi evidence. We are going to see more of that because of how prevalent social networking has become.' Surely, this must be media hype, since it would not be a difficult alibi to fake."

36 of 160 comments (clear)

  1. Awesome! by Anonymous Coward · · Score: 5, Funny

    $ at now + 30 minutes
    at> curl -d 'status=lol watching tv' http://www.facebook.com
    at> <EOT>
    job 1 at 2009-11-14 15:36

    Now, who to murder first?

    1. Re:Awesome! by Shatrat · · Score: 4, Funny

      "WHO to murder first"? Your grammar teacher.

      Well that appears to be you, so start writing your will.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    2. Re:Awesome! by broken_chaos · · Score: 2, Informative

      In thirty minutes, post the status "lol watching tv" to Facebook. It's not complete (due to logins and cookies not being utilised by curl in most cases), but it explains the idea pretty clearly if you know a bit about at and curl.

  2. Probably wasn't the case here.. by Anrego · · Score: 5, Interesting

    But what happens when scripting becomes involved..

    Write a script to make a "hey.. not out murdering my wife's lover" post then destroy/shred itself whilst you're out doing your chainsaw work.

    1. Re:Probably wasn't the case here.. by Anonymous Coward · · Score: 2, Insightful

      Or just SSH with your iPhone.

    2. Re:Probably wasn't the case here.. by sopssa · · Score: 5, Informative

      Seems his facebook status update alibi is in connection with what witnesses said too;

      Bradford and witnesses insisted he was innocent. They said he was at his father's Harlem apartment when the crime occurred.

      So it's not only about the status update. Also, I would think a murder case would get more investigation than a robbery too.

    3. Re:Probably wasn't the case here.. by Nursie · · Score: 2, Insightful

      Epic fail yourself, they can trace where your iPhone was, no need to care about where that facebook update appeared to come from then.

    4. Re:Probably wasn't the case here.. by Zerth · · Score: 2, Informative

      Epic Fail, dude. SSH into your home linux box and do the update there. There are many remote desktop apps for the iPhone, and you could use Lynx on a Linux box in a pinch.

      And you'll have pre-scouted the area for an open wifi node, I assume? Because if your iphone's cell connection isn't off, the cops will wonder why your phone handshaked with a tower 13 miles from your house.

    5. Re:Probably wasn't the case here.. by amorsen · · Score: 2, Insightful

      Flight mode. Very appropriately named, actually.

      --
      Finally! A year of moderation! Ready for 2019?
    6. Re:Probably wasn't the case here.. by stevey · · Score: 2, Informative

      The difference is the site you go to:

      • Go to www.facebook.com and post an update - works as normal.
      • Go to x.facebook.com and post an update - shows up as mobile.

      If think there's a mobile/touch subdomain too - but I know when I visit facebook from my palm pre I end up on http://x.facebook.com./

    7. Re:Probably wasn't the case here.. by binarylarry · · Score: 2, Funny

      Now that was a real epic fail.

      That should have been:

      "lol, who modded such a retarded post up?"

      --
      Mod me down, my New Earth Global Warmingist friends!
  3. Sweet! by d3ac0n · · Score: 4, Insightful

    So basically,

    I can go commit any crime I want, as long as I use a remote desktop/VNC program to remote into my PC at home from my smart phone and post something to Facebook immediately afterward?

    SWEET! Time to to rob that bank!

    --
    Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
    1. Re:Sweet! by TheRaven64 · · Score: 5, Insightful

      Or, for a lower tech solution, just get someone else to do it.

      --
      I am TheRaven on Soylent News
    2. Re:Sweet! by d3ac0n · · Score: 5, Funny

      This is /. We don't DO "lower tech" solutions here bub.

      ;)

      --
      Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
    3. Re:Sweet! by lena_10326 · · Score: 2, Insightful

      Duct tape is lower tech. Are you saying you don't use duct tape?

      Be careful with that answer.

      --
      Camping on quad since 1996.
    4. Re:Sweet! by Anonymous Coward · · Score: 3, Funny

      Only to keep my tinfoil hat together

  4. Facebook status: by sakdoctor · · Score: 4, Funny

    Not robbing

  5. There's an app for that by Powercntrl · · Score: 4, Funny

    Say you want to go burglarize someone's house, but you need to make it appear that you're posting on Facebook from your parents' basement? Well there's an app for that too!

    --

    ---
    DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    1. Re:There's an app for that by AndroidCat · · Score: 5, Funny

      Wave phone in officer's face. "These aren't the Droids you are looking for."

      --
      One line blog. I hear that they're called Twitters now.
  6. Double-edged sword. by prakslash · · Score: 5, Interesting

    This decision just gave the IP address sword its second edge.

    On the one hand, they were using IP addresses to identify and prosecute people for 'illegal' downloading and accessing child porn. Now, someone was aquitted based on their IP address.

    Interesting indeed. Probably now, the authorities will realize the futility of using IP addresses as evidence.

    1. Re:Double-edged sword. by schon · · Score: 2, Insightful

      Now, someone was aquitted based on their IP address.

      No, someone was aquitted based on the IP address their account was used from. There is a distinct difference.

      In this case, there is a username and password that is used to identify someone, not just an IP address.

      It's distinctly possible that he gave his account information to someone else, but there were witnesses to corroborate the alibi as well.

  7. Don't Call Me... by balbord · · Score: 2, Funny

    Shirley!

    Sorry. I am so sorry. I'll leave now. So sorry.

    --
    "If I have been able to see so far, It is because I went out and bought a damn binoculars" - Ze da Esquina
  8. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  9. Re:HTTP Proxy? VPN Tunnel? by autocracy · · Score: 4, Insightful

    Most evidence, with enough effort, can be faked. We usually call those conspiracies.

    It would be a great amount of effort for a small robbery to perform this task and to get the corroborating evidence. There is very reasonable doubt that he committed the crime.

    --
    SIG: HUP
  10. Legal pad salesmen by Steve+Franklin · · Score: 2, Interesting

    If lawyers are anything like doctors, they get their information from legal pad salesmen and follow whatever the latest legal fad is, no matter how obviously stupid it is. Keep in mind that half the population has an IQ under 100 and that the civilization would collapse if half the population were excluded from gainful employment. In short, the world is being run by idiots.

    --
    Hic iacet Arthurus, rex quondam rexque futurus.
    1. Re:Legal pad salesmen by iminanalog · · Score: 2, Informative

      Your case is the exception. Most doctors don't have the luxury of keeping up with, much less contributing to, medical journals or attend conferences. Especially Primary Care physicians.

  11. Re:HTTP Proxy? VPN Tunnel? by whoda · · Score: 5, Insightful

    They did consider VPN's and Proxies and fairies too.
    They also had witnesses, aka Real People, who also testified he was at his fathers house.
    It was corroborating evidence, not the piece the case hinged on.

    Once again, Facebook verified what multiple REAL PEOPLE were telling the cops. It wasn't the only piece of evidence.

    You love how ignorant people are of the legal profession, I love how people like you are so pompous and know-it-all's they can't even read the article.

  12. VPN is too complicated by berlindx · · Score: 2, Insightful

    Couldn't you just have a friend login to your facebook profile and post a update while you're out committing crimes?

  13. Slashdot Alibi... by qpawn · · Score: 4, Funny

    I could have been cleared, but I posted as an Anonymous Coward.

  14. Re:HTTP Proxy? VPN Tunnel? by Manip · · Score: 2, Informative

    You must be new to /. if you think people read the articles before responding...

  15. Presumption of innocence by Dachannien · · Score: 3, Insightful

    One thing that some folks have forgotten here is that the guy was presumed innocent until the prosecution could prove him guilty. If there's evidence from Facebook indicating that he updated his status, then the prosecution would need to show that the guy was using a proxy/tunnel/whatever, or that he had someone else post for him, etc. Otherwise, it provides a reasonable doubt as to whether he was even at the scene of the crime.

    1. Re:Presumption of innocence by hazem · · Score: 2, Insightful

      This really just shows how weak the prosecution's case was. I suspect they locked him up in Rikers for 12 days to hopefully get him to just give up and plead guilty to a lesser charge. That way they get a conviction, the city is "tough on crime", and they didn't actually have to make the effort of putting together an actual case in front of a judge and jury.

      When they can make your life miserable until you confess, there's no need for a presumption of innocence. This guy got lucky that he had eye witnesses and technological records that supported his innocence.

  16. Re:HTTP Proxy? VPN Tunnel? by bumburumbi · · Score: 4, Insightful

    Well, it is within the realm of the possible that somebody sat down and applied Occams razor to the possible scenarios: The first scenario involves this bloke (1) planning to rob somebody, (2) setting up a proxy or vpn service and (3) some people conspiring to give false evidence. The second scenario: The bloke was at home and nobody lied.

  17. Re:HTTP Proxy? VPN Tunnel? by at_slashdot · · Score: 2, Insightful

    I posted this in another reply but I see a common misunderstanding: The point is that was a type of crime that was not likely to be premeditated, nor his status update looked like a way to construct an alibi, any crime that can assumed to be premeditated would not be excused by such an alibi.

    There's no "lack of understanding of the technology" involved here, is your lack of understanding of the circumstances.

    --
    "It is our choices, Harry, that show what we truly are, far more than our abilities." -- Prof. Dumbledore
  18. Re:Not how evidence works by canajin56 · · Score: 2, Insightful

    The prosecutors job is to prove beyond all reasonable doubt. If he contends a piece of evidence is invalid, he has to prove it is so beyond all reasonable doubt. You're the one who doesn't understand. He would have had to go up there and contend that "All of the other guests lied about him being there, and on top of that, he had one of them leave a facebook message in order to exonerate him, and yes, that seems to me a reasonable setup prior to a fucking MUGGING." To repeat. If you're charged with a crime, and your father and other family members all swear you were with them, that's a tenuous alibi, they might by lying to cover you. If somebody from your father's house was updating facebook just minutes prior to the crime, that means either he's not lying, or it means he was engaged with a conspiracy prior to the crime. That is, the accused planned it all out prior to mugging some fucking strangers in his own apartment complex! That's absurd. On top of this...the prosecutor refuses to comment on what evidence there was. There probably wasn't any, they just grabbed the guy who "looked most guilty" when they were canvasing the neighbors, and hoped he'd be too poor to fight it. He lived in the projects, after all. "He's guilty of something, might as well be this."

    --
    ASCII stupid question, get a stupid ANSI
  19. Crime of Opportunity by pgn674 · · Score: 2, Informative

    There are a lot of posts saying it'd be pretty easy to fake the Facebook post. It wouldn't even have to be technical: Just call your father and ask him to log on to Facebook under your account and post what you tell him to.

    The article doesn't say, but what if this was a crime of opportunity? What if the evidence at the scene and witness's testimonies painted a motive that indicated it was a crime of opportunity, and not a pre-planned crime? If that was a case, then accepting a Facebook posting made at the time of the crime seems pretty reasonable. Maybe he called his father just after the crime, but one minute after an unplanned crime? That feels unlikely to me, too. And anyways, the court had testimonies and other evidence hinting that he wasn't the guy, so I don't think this will set a precedent that Facebook postings should be accepted without question in court.