Pranks

Good News and Bad News for Stephen McDaniel, Recent Law School Grad Accused of Murder

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Stephen McDaniel

Yesterday brought bad news for Stephen M. McDaniel, the 25-year-old Mercer Law School alumnus accused of killing his neighbor and classmate, Lauren Giddings. His lawyers’ request for a reconsideration of his bond, originally set at $850,000 by Chief Judge S. Phillip Brown, got denied.

One of McDaniel’s lawyers, Franklin J. Hogue, argued that the bond was “excessive,” claiming that the McDaniel family couldn’t afford more than $150,000. The prosecution countered that the family’s financial picture might have changed since the passing of McDaniel’s grandfather, Hollis Browning, back in April. According to Floyd Buford, another lawyer working for McDaniel, Browning’s will remains to be executed. In the end, the judge left bail as is — meaning McDaniel will remain in jail for the foreseeable future.

Now let’s hear the good news for the defendant. It relates to that disturbing internet posting that the prosecution attributed to Hacksaw McDaniel back in April….

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Was the Shocking McDaniel Internet Post Unveiled Last Week a Fake?

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Stephen McDaniel

Last week, we saw some big news in the Stephen M. McDaniel murder case. In a bond hearing, prosecutors told the court about another internet post allegedly made by McDaniel, the Mercer Law School graduate who stands accused of murdering classmate Lauren Giddings. The newest post was particularly unsettling and gory.

At first glance, the post seemed like it could be a smoking gun. But things are never as simple as they seem: rumors are going around that the post is a fake. Because, as Above the Law readers know, don’t believe everything you read in online comments…

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Criminalizing College: BC Football Player Accused of Invasion of Privacy

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If this keeps up, having sex with a person wearing your school's mascot head will be called 'beastiality.'

In the wake of Dharun Ravi getting convicted of a hate crime for a college prank, we’ve got another situation where a college kid could get into a lot of trouble for acting like a college kid.

The Boston Globe reports that Jaryd Rudolph, a 19-year old football player at Boston College, has been charged with a violation of Massachusetts privacy law. His crime? He allegedly recorded a “sexual encounter” between a teammate and a female graduate student.

And by “recorded,” we don’t mean that he took steamy video of a couple in the act of love making. He’s being charged because he allegedly recorded and shared the woman’s “sexual noises.”

So, we’re now one step closer to putting everybody who acts like a teenager, especially teenagers, in jail…

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Perkins Coie Gets E-Male; Does This Qualify as a Legal Response?

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Just when you thought “revenge porn” couldn’t get worse, IsAnyoneUp came along. In addition to posting user-submitted nude photos — often sent in by someone’s angry ex — the site’s proprietor, Hunter Moore, includes a screenshot of the amateur porn star’s Facebook profile page, so that it’s clear exactly who the person is, where they live (and work), and how to contact him or her. It’s not the only porn website where those featured get “poked,” but the only one where visitors get to do the poking.

Those featured on the site have struggled to get their photos taken down — the most successful legal approach so far has been to claim copyright and issue a DMCA takedown notice. Now Facebook is bringing its legal power to bear. Facebook had its lawyers at Perkins Coie send the site a cease-and-desist notice, saying Moore was violating Facebook’s terms of service by harassing users and posting their content without their consent. Moore immediately posted a copy of the letter to his NSFW site, and was excited to send Perkins lawyer Joseph Cutler a response.

“I replied with a picture of my dick,” he told Gawker. Classy.

Continue reading at Forbes.com….

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Love Hurts, Especially When Your Boyfriend Gives You a ‘Tatt-poo’

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UPDATE (5 PM): Sigh. According to the Smoking Gun, the “poop tattoo” story — reported by The Sun and picked up by Drudge, among many other outlets — is full of crap. But it was fun while it lasted, no?

Some people love tattoos, other people hate them. I’m one of those “other people.” I have no idea why people would want to turn their bodies into coloring books. But if people want to permanently decorate themselves, then by all means, go right ahead.

Besides, if people weren’t so obsessed with inking their bodies, we wouldn’t have awesome lawsuits like this one to talk about. Here’s some background information before we get into the heart of this case:

Boy, a tattoo artist, meets Girl. Girl is a nerd who has a thing for Narnia. Boy and Girl fall in love. Girl decides that in addition to Narnia, she has a thing for Boy’s best friend. Girl cheats on Boy, thinking Boy is none the wiser. Girl asks Boy for a Narnia tattoo. Boy finds out Girl’s dirty secret, and begins to plot his revenge….

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Tyler Clementi’s Family Learns That ‘Discovery’ Is A Bitch

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Tyler Clementi and Dharun Ravi

As we mentioned in Friday’s Non-Sequiturs, the legal team of Dharun Ravi has moved to dismiss the criminal charges against Ravi stemming from the suicide of Tyler Clementi. As many of you know, Clementi committed suicide after Ravi streamed video of Clementi hooking up with another guy.

Lawyers to Dharun Ravi discovered comments from Clementi suggesting that Clementi was concerned about his parents’ reaction to his sexual orientation. Other Clementi messages are getting more headlines. According to New York Magazine, Clementi “also made jokes about Ravi’s family, calling them ‘sooo indian / first gen americanish…his rents defs owna dunkin [donuts].’ In other words, typical teen asshole gossip, on both sides.”

Typical is how I’ve been describing Ravi’s behavior from the very beginning. I didn’t need the system digging into the past of a suicide victim to determine whether his roommate “caused” him to take his own life.

But this is what many people wanted. So now that we’re here, I’m wondering if people are happy….

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Lawyer of the Month: April Reader Poll

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We’re a little bit late with April’s lawyer of the month reader poll. First of all, we’ve been doing a lot of reader voting so far in this month. (There are still a few hours for you to vote in our Law Revue Video Contest.)

The other reason why we’re a bit delinquent this month is because we think we know who is going to win. It’s not every day that a recent law grad finds himself trying a murder case — and getting reprimanded by the judge for “lack[ing] knowledge of proper trial procedure.”

Such is life during the Obama “recovery.” Check out this month’s nominees below…

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Wei To Go (and Testify Against Dharun Ravi)

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Molly Wei, the pretty ex-Rutgers student who was charged with two counts of invasion of privacy in the Tyler Clementi case, has reached a deal with the prosecution. Wei, 19, has been admitted to a pre-trial intervention program that could result in the charges against her being dismissed.

What does Wei have to do as part of the PTI program?

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Tyler Clementi’s Roommate, Dharun Ravi, Indicted on 15 Counts

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Tyler Clementi (left) and Dharun Ravi (right)

They really threw the book at this kid.

Last September, Rutgers freshman Tyler Clementi jumped off of the George Washington Bridge after his roommate, Dharun Ravi, surreptitiously recorded and then broadcast footage of Clementi hooking up in his room with another man.

Clementi’s death touched off an important national conversation about the bullying of gay teens and the need to reach out to them so they don’t feel so isolated. If anything good can come from Clementi’s suicide, it will be to make people commit to helping gays and lesbians as they struggle through adolescence and young adulthood in sometimes hostile communities.

Unfortunately, it doesn’t appear Tyler Clementi will be the only martyr for this cause. No, there are some people hellbent on making sure that another young life is effectively ruined, and some of those people work for the state of New Jersey.

Charges flowed out of the grand jury today for Clementi’s roommate and “tormentor,” Ravi. Based on the allegations in the indictment, you’d think Ravi had been running for the Republican nomination for President instead of acting like an 18-year-old college freshman…

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Cease and Desist Follow Up: Check You Calendar

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Chris Webby

As many of you figured out, the cease and desist letter from Chris Webby, claiming ownership of the hashtag #webby, was an April Fool’s hoax. This week’s sign that the apocalypse is upon was a hologram launched by the Webby Awards people. Here’s the official reveal.

Really, we thought a few more of our loyal readers would see through it. The firm that purportedly sent the letter, Baxter, Butler & Associates, doesn’t exist. This commenter got it. But I guess most commenters don’t fire up Google unless an attractive girl is involved.

You can see why the Webbys weren’t able to get a real law firm to participate in this prank. It might have been a joke today, but the first hashtag infringement suit is surely just around the corner.

Happy April Fool’s Day. I’m going to go back to drinking heavily now.

Earlier: Cease and Desist Letter of the Day: Who Owns Your Hashtag?

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