southern_comfort
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- Nov 22, 2009
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Honestly I don't know how it will be handled but if the post is indeed fake the state made a big mistake and the defense will surely make the most of it.
Can you honestly say it doesn't make you question their credibility? Maybe your mind is made up and therefore you wouldn't let it factor into your decision but many people would find it very troubling.
So far, it is only an issue with regard to bond. For it to be an issue at trial, someone would need to bring it up, and then it would be met by objections (not authenticated, relevance, failure to lay a proper foundation, etc.). If it wasn't posted by McD, I feel confident it won't ever make it into the trial.
It could be an issue if the defense is not happy with the bond that's set. I suppose it could also be an issue peripherally, such as if it tainted the jury pool. That is still a preliminary matter, though. I just don't see a fake post making it into the evidence at trial.