Friday, December 27, 2013

Internet Use Admissible In Death Of Child

A mother convicted of negligent homicide and related offenses after one of her children drowned in a bathtub and another was severely injured appealed, claiming the the trial court erred in admitting evidence of her internet use while the children were in the tub.

The evidence showed that she was on a web page that was devoted to discussion of breast implants.

The defendant gave conflicting accounts to police and other witnesses
about the nature and length of her computer use, but admitted that she
“posted [a] blog” on a website named “myfreeimplants.com.” The State
described the website, which the defendant admitted that she had visited since
2007, as a “social networking website where people can make donations for
others to get free breast implants.” A forensic examination of the defendant’s
computer resulted in a report that documented nearly continuous user activity,
exclusively at myfreeimplants.com, from 4:20 p.m. to 5:02 p.m. The majority of
entries were associated with viewing and writing blog posts on
myfreeimplants.com or sending messages on the website. The report
documented only when a user entered, or was directed to, a new web address;
thus, several gaps existed in user activity during which the user could have
been watching videos, reading online content, or composing messages.

The conviction was affirmed by the New Hampshire Supreme Court.

WMUR9 had this report. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/12/a-mother-convicted-of-negligent-homicide-and-related-offenses-after-on-of-her-children-drowned-in-a-bathtub-appealed-claimin.html

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