Legal Question in Criminal Law in California

trial discovery being used to harass witness, threats to disseminate?

I was a witness in a Federal Trial for the prosecution.

The defendent subpoenaed an email account of mine and obtained 4000 emails as discovery. 5 were submitted into evidence.

He was found not guilty.

Yesterday, on an online forum, his friend, who was almost called as a witness for the case, mentioned the two of them disseminating and/or posting the 4000 emails publically, online, when the case was closed.

That doesn't seem legal to me.

It feels threatening, especially since he chose to repost links to my medical history with my real name on them from 1998, which I was able to have removed, in that same place online.

Can ''discovery'' be reused in this way? These are 4000 personal emails. I'm appalled.

If this is not legal, what should I do? If this is legal, can I take any other measures?

Thank you very much.


Asked on 1/28/06, 3:10 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: trial discovery being used to harass witness, threats to disseminate?

From the facts given, you would have actionable claims for invasion of privacy (public disclosure of private information) and/or other tortious claims. For a free phone consultation, contact us directly.

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Answered on 1/29/06, 2:00 pm
Terry A. Nelson Nelson & Lawless

Re: trial discovery being used to harass witness, threats to disseminate?

It might be grounds for a civil case of invasion of privacy and related causes of action. IF the culprit is someone that you could actually collect damages from, to make it worthwhile doing so, then you could hire an attorney. Contact me if interested in discussing.

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Answered on 1/28/06, 3:47 pm


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