Sublet, Harris & Monge-Martinez v. State
113 A.3d 695
Md.2015Background
- Three consolidated Maryland criminal appeals addressed when and how social‑media content (Facebook timeline posts and messages; Twitter direct messages and tweets) may be authenticated under Maryland Rule 5‑901.
- Griffin v. State (2011) provided prior guidance but left practical authentication questions unresolved for modern social networks.
- Sublet: defense sought to admit four printed pages purporting to be a Facebook conversation; the purported author (Parker) initially acknowledged some posts but disclaimed authorship of disputed posts; trial court excluded the exhibit.
- Harris: prosecution introduced Twitter direct messages recovered from an iPhone (forensically extracted by Detective Grimes) and public tweets from an Android phone; trial court admitted both.
- Monge‑Martinez: prosecution introduced screenshots of Facebook messages received by the victim; the victim testified they were messages from appellant; trial court admitted them.
- The Court framed the core question as the proper authentication standard for social‑networking evidence and applied it to each case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authentication standard for social‑network evidence | (Sublet/Harris/Monge‑Martinez) proponent argued existing Griffin guidance sufficed; some urged one‑to‑one messages should be treated like emails/texts | defendants argued Griffin and concerns about fabrications require careful gatekeeping; claimed insufficient link to accounts/authors | Court adopted a Vayner‑style rule: judge must determine whether proof would allow a reasonable juror to find the item is what proponent claims (low but context‑specific bar). |
| Admission of Facebook timeline printout (Sublet) | Sublet: Parker’s testimony acknowledging some posts and distinctive characteristics sufficed to authenticate the four‑page conversation | State: Parker disavowed authorship of disputed page, testified others had her password or could edit her page; no independent corroboration | Held: Exclusion affirmed—witness denial and evidence of third‑party access undercut authenticity; no sufficient circumstantial link for a reasonable juror. |
| Admission of Twitter direct messages and tweets (Harris) | State: forensic extraction tied direct messages to an iPhone and account; contemporaneous tweets and identification of account owner supported authenticity | Harris: no direct proof he authored some messages; forensic evidence tied only to one phone/account | Held: Admission affirmed—forensic report, account identification by witness, temporal proximity and content limited to a small group provided sufficient proof for a reasonable juror; tweets authenticated by proximity to authenticated DMs. |
| Admission of Facebook private messages (Monge‑Martinez) | State: victim’s testimony that messages were from appellant, timestamped soon after stabbing, written in Spanish and matching other communications supported authorship | Monge‑Martinez: no direct technical link to his account; screenshots only, no account metadata | Held: Admission affirmed—circumstantial characteristics (timing, language, limited knowledge of incident, corroborating phone calls and notes) sufficiently linked messages to appellant. |
Key Cases Cited
- Griffin v. State, 419 Md. 343 (Md. 2011) (initial Maryland guidance on authenticating social‑network evidence; suggested methods for linking profiles to authors)
- United States v. Vayner, 769 F.3d 125 (2d Cir. 2014) (adopted by Court as the standard: judge must find proof that a reasonable juror could conclude the item is what proponent claims)
- United States v. Hassan, 742 F.3d 104 (4th Cir. 2014) (discussed federal treatment of social‑media authentication; held authentication burden is not high and is a gatekeeping function)
- Makowski v. Mayor & City Council of Baltimore, 439 Md. 169 (Md. 2014) (witness denial of familiarity can defeat authentication)