Estados
Unidos: los abogados defensores buscan un perito judicial lingüista
forense que rebata la opinión de su homólogo contratado por el Fiscal,
quien ha revisado y cotejado innumerables correos electrónicos de los
tres acusados de asesinato con los enviados a las víctimas, para determinar si su autoría coincidía.
La sociolingüística
forense trata de determinar la autoría de un anónimo escrito con ayuda
de teclado tales como correos electrónicos, mensajes, foros, etc..
También sirve para trazar el perfil del autor de un anónimo, sea
manuscrito o mecanizado, investigando sobre su rango de edad, sexo,
nivel cultural, profesión u origen entre otras características
personales.
The January murder trial for three defendants in the so-called
Facebook murders in Johnson County could be derailed if defense
attorneys cannot locate a forensic linguistic expert by then to rebut a
state expert.
There could also be a severance of one of those
defendants, who wants a speedy trial and to whom the linguistic evidence
does not apply.
The three — Jamie Curd, Jenelle Potter and
Barbara Potter — is slated to begin Jan. 6. A fourth person, Marvin
Potter, who is Barbara Potter’s husband and Janelle Potter’s father, has
already been tried and convicted in the case. He’s serving a life
sentence.
The other three were scheduled for a motion hearing Monday before Senior Judge Jon Kerry Blackwood. The
Potters and Curd are accused of killing Billy Payne Jr. 36, and Billie
Jean Hayworth, 32, after a social media dispute between the couple and
Jenelle Potter that ended in her being “defriended” on Facebook,
prosecutors have said.
The murders happened in Johnson County, but the case was moved to Jonesborough due to pre-trial publicity.
Jenelle
Potter’s father, Marvin Potter, and Curd, a friend of the Potters, are
allegedly the two who actually killed Payne and Hayworth. Jenelle
Potter’s mother, Barbara Potter, is also charged.
Prosecutors
have not detailed what role the women played in the murders. After the
women were indicted, Assistant District Attorney General Dennis Brooks
only said investigators spent countless tedious hours obtaining email
communications in order to charge them.
Brooks has previously said
he has a forensic linguist who has reviewed the emails to determine who
wrote them. He said the expert can look at a person’s known
communications and then compare that to other communications and
determine if that person wrote it.
It’s that report that defense
attorneys — Randy Fallin for Barbara Potter and Cameron Hyder for
Jenelle Potter — haven’t even seen yet, much less attempted to find an
expert to review, that has the case in a quandary.
“It puts us in a bad spot,” Fallin told the judge.
Hyder
said the defense has focused on a computer forensic expert who is
looking at nearly 500 gigabytes of email data and trying to trace it to
IP addresses. That would show from what computer the email originated.
“We
have no idea how long it would take a linguistic expert to review,” or
how long it would take to locate one, Hyder said. State prosecutors
found their expert in Maryland, he said. Forensic linguistics is
apparently an emerging field and there are few experts on the subject.
Attorney
Casey Sears, who represents Curd, told Blackwood the linguistic report
has no connection to his client, and Sears wants to go forward with the
January trial. Sears said he will file a written motion to sever his
client’s case from the Potter women.
Assistant District Attorney
Dennis Brooks cautioned against that move, telling Blackwood that while
the linguistic evidence does not apply to Curd, the other evidence would
be repeated if there were two trials.
“If we tried Mr. Curd
(alone) we are going over a lot of the same evidence as with the Potter
ladies,” Brooks said. “To sever these defendants would be laborious for
the court.”
For now, the January trial date stands, but Blackwood
set a Dec. 9 hearing to determine the status of the issue. He will also
hear a motion for a new trial in Marvin Potter’s case that day.
Curd, Barbara Potter and Jenelle Potter are all jailed while the case is pending. (FUENTE: JOHNSON CITY PRESS).