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"The first reaction occurred behind the scenes, in another country. The 18-year-old Carter had no way of knowing that, while he did grunt work at a drapery shop in San Antonio, a person in Canada saw his comments — posted 60 days after the Sandy Hook school-shooting tragedy in Newtown, Connecticut — freaked out and initiated a 24-hour chain reaction of insanity that would wind up with Carter facing 10 years in prison.
Carter's comments were part of a duel between dorks, and may have had something to do with a game with strong dork appeal called League of Legends. But the actual details and context of the online exchange are, in the eyes of Texas authorities, unimportant. Prosecutors say they don't have the entire thread — instead, they have three comments on a cell-phone screenshot."
cosmicexplorer
reply to post by ScorpiusMaximus
This is why the nsa spying is a big deal..when people say if you have nothing to hide dont worry..but its when you take whatever you want out of context and turn it around on people....you should be able to say whatever the # you want online....even if its horrific...I fought for my country for 4 years to give people that right no matter how ugly the comments are.
totallackey
cosmicexplorer
reply to post by ScorpiusMaximus
This is why the nsa spying is a big deal..when people say if you have nothing to hide dont worry..but its when you take whatever you want out of context and turn it around on people....you should be able to say whatever the # you want online....even if its horrific...I fought for my country for 4 years to give people that right no matter how ugly the comments are.
Errr...no... you didn't fight four years for the right of other people to write anything they want on the Internet...if you think that, then your motivation was entirely wrong...I only hope you have stopped fighting...
rigel4
America was at cold & hot war with communism for 50 years ..protecting us from exactly this!
Soviet Socialist States of America.
This is really really shocking.
How has it come to this?edit on 13-2-2014 by rigel4 because: (no reason given)
"They found no guns in his house," Flanary says from his San Antonio office. "They found no bomb-making materials." He follows this up with a dash of sarcasm that's not a far stretch from the rhetorical flourishes that put his client in peril: "They didn't find The Anarchist Cookbook. ... They didn't find, you know, a bunch of newspaper clippings on the wall — conspiracy theories...
"Never mind the unethical implication and the downright shady nature of the action; when an officer goes and talks to a man who's in jail [and] tells them, 'Waive your right to an attorney because we're letting you go,' or makes that implication, then that waiver is not given voluntarily anyway — and so it's like coercing a confession, from a legal standpoint. ... It's like, 'Hey, if you talk to us, we'll let you go, but if you don't talk to us, you can sit here and rot.'"
Frightened and naive, Carter copped to the comment. Instead of being released, he had only managed to transfer himself to another jail and double his bond. Emboldened by the confession, Comal County authorities moved him to their jurisdiction and secured an indictment on April 10.
Then, shortly after Flanary requested the bond-reduction hearing, good news came in the form of an anonymous donor who put up the money for Carter's bond.
Flanary stepped in and offered his services pro bono — something he wanted to do because, he says, "This stuff is messed up."
One of the most striking things about the evidence so far tendered by the state is what's missing: the entire thread — which wasn't on Carter's Facebook page — containing the damning comments. "The state tells us Facebook didn't give it to them," Flanary says.
Flanary believes it's paramount that if someone is criminally charged on the basis of his words, a jury needs to see all the words. In this case, that includes whatever comment precipitated Carter's hyperbolic rant.
"When you're dealing with speech," Flanary says, "... it is absolutely, 100 percent important that the words that you are charging people with are actually the words that they said and not some misrepresentation. And that's what ... this prosecutor did, is misrepresent to the grand jury what he said."
The Comal County District Attorney's Office did not intend for Carter to suffer what happened next, Flanary says, but it was reasonably foreseeable: He was sexually assaulted. "He definitely was not kept safe, " Flanary says. "And that's why it's not good to have innocent 18-year-old [guys] in jail with very, very dangerous people."
The damage has been done. And I suspect they know the damage has been done. I suspect that maybe one of the reasons they're holding on so hard is because they fear a lawsuit."