The way this appellate judge sees it, prosecutors are playing a bit of hide the ball when it comes to access to the social media history of the accuser and witnesses in an alleged rape involving two former University of Tennessee football players.
A three-judge panel of the Tennessee Court of Criminal Appeals on Tuesday heard arguments on whether former University of Tennessee football star A.J. Johnson and ex-teammate Michael Williams can use subpoenas to force the pair’s accuser in a November 2014 alleged rape and her friends – state witnesses – to turn over social media posts, messages and texts.
Police didn’t even try to get the information, and prosecutors have been trying to block the defense from getting it. At Tuesday’s hearing Assistant Attorney General Nicholas Spangler argued the defense isn’t entitled to the information via subpoena and, since the state doesn’t have it, prosecutors cannot be compelled to supply it either.
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