DA seeks names of posters

D.A. seeks names of posters
Information about people commenting on York Daily Record/Sunday News stories will be released

By RICK LEE
For The Evening Sun

The company that owns and operates the York Daily Record/Sunday News readers' comment posting Web site will release the identities of people who anonymously posted comments to a story about the stabbing death of Andrew Wright, according to sworn statements Friday in county court.

Prosecutor Timothy Barker informed Judge Thomas H. Kelley on Friday that an attorney for Topix LLC said the Internet Protocol addresses and personal information of the posters "has been preserved" and will be turned over when the company is served with a subpoena by the York County District Attorney's Office.

Barker explained that Chief Deputy Prosecutor Chuck Patterson, who was not available for Friday's hearing, believes - from 26 comments by posters to a story on the initial arrests in connection with Wright's Dec. 28 killing inside Jamie's Courtside Sports & Spirits, a Spring Garden Township bar - that some or all might be eyewitnesses.

Terry Lee "Bezzo" Little Jr., 23, Sigberto "June" Santiago Jr., 27, and Mustafa W. Jamison, 26, are charged with criminal homicide in Wright's death. Their preliminary hearing was postponed last week when some witnesses considered essential to the commonwealth's case failed to appear to testify.

Under oath Friday, York County Detective Jeffrey A. Martz told Kelley that Topix's attorney "advised me a subpoena would be sufficient" to obtain the anonymous posters' personal information.

Kelley had scheduled the hearing to allow argument



against the release of the posters' identities from any other concerned parties. No one representing Topix, the newspaper or the defendants appeared in court.

Topix is a national news gathering and public forum company based in Palo Alto, Calif. Daily Record/Sunday News readers who post comments on local stories do so under the terms of Topix.

Daily Record/Sunday News managing editor Randy Parker said Friday that all comments posted to the newspaper's stories are on the Topix Web site and "Topix is ultimately responsible for the comments on their site."

According to Topix's Terms of Service, which are available on the Web page where comments are posted, "Please be aware ... we will release specific personal information about you if required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order."

While Kelley was not required to make a ruling on the matter, he told Barker, "I think it is appropriate for you to proceed through subpoena duces tecum (a subpoena ordering the production of records)."

RELATED STORY In Texas, a county judge recently ordered Topix LLC to release the personal information of 178 posters in connection with a civil lawsuit filed by a husband and wife claiming 2,568 counts of libel and defamation.

You hear that Tom?

You might want to consider stopping the personal attack threads that you are known for starting. Better make sure they are true or in response to another posting or you may be held accountable.

Lefty wrote:

You hear that Tom?
You might want to consider stopping the personal attack threads that you are known for starting. Better make sure they are true or in response to another posting or you may be held accountable.

I bet next you will hear the ACLU is going to sue to avoid the release of the poster identities.
They feel it is a violation of the First Amendment.

Du du du duuuuuuu...
Super Topix aiding in justice near you.

<crowd goes wild>

IN QUE nee FYI wrote:

<quoted text>
I bet next you will hear the ACLU is going to sue to avoid the release of the poster identities.
They feel it is a violation of the First Amendment.

The First Amendment only guarantees freedom from government interference with speech -- not freedom from accountability.

ACLU wont touch this, they are to busy trying to take my guns and religion.

IN QUE nee FYI wrote:

<quoted text>
I bet next you will hear the ACLU is going to sue to avoid the release of the poster identities.
They feel it is a violation of the First Amendment.

This has NOTHING to do with free speech at all...

POEditor wrote:

<quoted text>
The First Amendment only guarantees freedom from government interference with speech -- not freedom from accountability.

Not a free speech issue at all...probably perfectly ok under the topix terms of use...

They're looking for eyewitnesses...I doubt anyone is in trouble.

Accountable? For what?

Lefty wrote:

You hear that Tom?
You might want to consider stopping the personal attack threads that you are known for starting. Better make sure they are true or in response to another posting or you may be held accountable.

Clearly, you dont understand the issue.

POEditor wrote:

<quoted text>
The First Amendment only guarantees freedom from government interference with speech -- not freedom from accountability.

I know that. I also know they have successfully lobbied in some cases to suppress this information from being released. Especially when posted to a bulletin board anonymously. I didn't say if I agree or disagree with the release of the posters ID. I question why the other witnesses failed to appear.....maybe witness intimidation

Tito wrote:

<quoted text>
Clearly, you dont understand the issue.

Oh really, read the last part again. Libel and slander are posting of things that are not true and baseless to a third party. For example, when Tom started the thread about "Lefty is an id*ot" unless he has my mental health records, that was slander. Believe what you want or read a legal definition, its your choice.

Lefty wrote:

You hear that Tom?
You might want to consider stopping the personal attack threads that you are known for starting. Better make sure they are true or in response to another posting or you may be held accountable.

My initials = Tom! What does Lefty stand for and all your attacks any different than me defending myself? You better go back and look to see what threads I have started were personal attacks.

A question about political beliefs that are different from your is not a personal attack!

ZERO Pal!

Lefty wrote:

<quoted text>
Oh really, read the last part again. Libel and slander are posting of things that are not true and baseless to a third party. For example, when Tom started the thread about "Lefty is an id*ot" unless he has my mental health records, that was slander. Believe what you want or read a legal definition, its your choice.

Lefty's number was the topic and go get a lawyer if you felt slandered, idiot!

Tom wrote:

<quoted text>
Lefty's number was the topic and go get a lawyer if you felt slandered, idiot!

Oh, was this a defense? Your number is coming up. Just wait for it.

Tom wrote:

<quoted text>
My initials = Tom! What does Lefty stand for and all your attacks any different than me defending myself? You better go back and look to see what threads I have started were personal attacks.
A question about political beliefs that are different from your is not a personal attack!
ZERO Pal!

We can have differences of opinion, but you have got to stop acting like a spoiled baby and when someone gets the best of you (which I don't find difficult)you respond by starting a personal attack thread against them. Actually I enjoy it and find it kind of flattering but some others may not feel that way.

What happened to the thread about you and your man crush lil John? Got it taken down huh, dish it out but can't take it?

Lefty wrote:

<quoted text>
Oh really, read the last part again. Libel and slander are posting of things that are not true and baseless to a third party. For example, when Tom started the thread about "Lefty is an id*ot" unless he has my mental health records, that was slander. Believe what you want or read a legal definition, its your choice.

You're the last one that should hide behind that law ---

You should check your own posts, hypocrite!!

Hey that's not slander , it's an accurate description of your behavior!

Lefty wrote:

<quoted text>
Oh really, read the last part again. Libel and slander are posting of things that are not true and baseless to a third party. For example, when Tom started the thread about "Lefty is an id*ot" unless he has my mental health records, that was slander. Believe what you want or read a legal definition, its your choice.

read the article - they are looking for witnesses that didnt show...nothing to do with libel or slander.

the fact is...even with all the info logs from TOPIX - they HAVE NO IDEA WHO REALLY MADE THE POSTS!!!

Im at a friends house now...

If I wasnt logged in - theres no way they can say it was me posting...just that the post came from that computer.

A Talking Horse wrote:

<quoted text>
read the article - they are looking for witnesses that didnt show...nothing to do with libel or slander.

Typical right response, much like everything else you guys have and "opinion" on, READ the whole way to the end, not just the first couple of sentences.

Now, what does the last paragraph say? Duh...

Lefty wrote:

<quoted text>
We can have differences of opinion, but you have got to stop acting like a spoiled baby and when someone gets the best of you (which I don't find difficult)you respond by starting a personal attack thread against them. Actually I enjoy it and find it kind of flattering but some others may not feel that way.
What happened to the thread about you and your man crush lil John? Got it taken down huh, dish it out but can't take it?

Isn't THIS A PRESONAL ATTACK?

Go play in the traffic with Sean Penn!