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  1. #1
    Join Date
    Nov 2010
    Location
    Riverside, CA.
    Posts
    13

    Exclamation Picture Taken Illegally in Courtroom Used to Slander

    My question involves defamation in the state of: CA.
    CA Rules of Court doesn't allow pictures being taken by individuals. Only Media may ask the Judge prior permission. This is what happened-
    I was charged for a crime that was later dismissed. But at my arraignment the alleged victim, mother & brother showed up and started getting in my face then took pictures of me. (these people have been harassing me for over 2 1/2 yrs. & alleged victim is nextdoor neighbor) Sheriff in courtroom took away camera.
    They caused another problem and were told to leave. And was given the camera back with my pictures still on it!

    I recently learned after filing for a TRO against the alleged victim at the second to the last hearing her mom starts running at the mouth on the stand. And said she carries a picture of me with her at all times to show any & all people she comes in contact with to tell them about me. Right after learning of this the hearing was ended and extended to another date.

    At the next and last hearing she mouthed off and stated the picture she shows is the one she took of me in the courtroom.

    It was my right to ask who, when, where... and this person answered IT"S NONE OF YOUR BUSINESS! The judge straightened her out real quick but she would only say I dont know. And grin stupidly.

    I know she has slandered me in the past and I brought the witness in to testify. Learning that she continues to do so is creepy. I called DA's office asking about Rules of Court re: cameras, illegally obtaining my photo. And how it is being used! They did not know the rules and said call the court.
    Called the court - same thing unfamiliar w/rules and dumbfounded on what to do. They said call DA. Told them they sent me to you, then told to call legal services. They could not help... refered to public defenders off. They absolutely could not help and said call your appointed defense attorney in last case. ( I had 4 different lawyers) last one doesn't know either!

    I do not want to go through the drawn out process in civil court again & financial burden over a illegally gotten picture being used in slandering me. A picture that should NOT have been allowed to leave the courtroom! This person has hundreds of pictures of me & my house thats one of her obsessions. Any one of those used would still be exposing me to danger, ridicule ect. I got to get this stopped ASAP she has been using it for over a yr and a 1/2.

    Is there any way to stop this person other than civil court?
    Thank you for you time.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Picture Taken Illegally in Courtroom Used to Slander

    I see nothing that would not allow the pictures to leave the courtroom. It is wholly within the judges discretion.

    this is the section regarding a violation of the courts rules:

    (f) Sanctions

    Any violation of this rule or an order made under this rule is an unlawful interference with the proceedings of the court and may be the basis for an order terminating media coverage, a citation for contempt of court, or an order imposing monetary or other sanctions as provided by law.
    basically, if the court doesn't want to do anything about this, they aren't going to.

    ! This person has hundreds of pictures of me & my house thats one of her obsessions.
    If the pictures were taken from a legal vantage point, there is nothing illegal about those pictures either. I can sit outside your house and videotape your comings and goings if I feel like it. While in the public view, you have no right of privacy.

    If she is harassing you, make a police report. If you have been threatened, get a restraining order. If the court won't issue one, that would mean they do not see her actions as a threat to you.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Picture Taken Illegally in Courtroom Used to Slander

    You say she has slandered you. Have you been damaged? Is she telling outright lies, or offering her opinions of you and your character? There is a difference.

    If she is merely telling people you were charged with a crime and she believes you committed the crime, you may be out of luck. All because the case has been dismissed does not mean you did NOT do it, only that you were not convicted. She is free to believe you did the crime just as I am free to believe that OJ killed two people in Brentwood.

    If you have been damaged by untruths that she has knowingly told, speak to an attorney and ask about suing her. However, you had better have a whole LOT of damages before an attorney will find this to be worth his or her time.

  4. #4
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Picture Taken Illegally in Courtroom Used to Slander

    Quote Quoting cdwjava
    you had better have a whole LOT of damages before an attorney will find this to be worth his or her time.
    Right. And she had better have a whole LOT of assets, too, before an attorney will consider taking it on.

    Attorneys realize that winning a large award from a suit against a person incapable of paying is not worth much.

  5. #5
    Join Date
    Nov 2010
    Location
    Riverside, CA.
    Posts
    13

    Default Re: Picture Taken Illegally in Courtroom Used to Slander

    Hi Jk,
    Yes I realize the court may not want to deal with it. Everyone in the courtroom was very upset someone was in there flashing a camera. They all told me That is against the law! Tell the sheriff! So I did. Shortly after, she had gotten a defense attorney in trouble that just walked in saying that attorney said it was okay to take pics. When that attorney said no such thing! The sheriff still had the camera and that broad wanted it back!

    When she was on the stand at CH hearing, I asked about that day... who gave her permission? She made up a NEW story as I knew she would. So I was armed with a declaration from that attorney she got in trouble! I submitted it to the judge right after the lie. Her face dropped.

    If courts allow this behavior, no one around here will respect the court let alone want to have their pic taken by some whack-o they dont/do know! Why have Rules of Court if they are not taken seriosly?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Picture Taken Illegally in Courtroom Used to Slander

    the court rules are there so they can be enforced and nobody would be able to complain that the court was enforcing rules not in the book of rules. The problem is; there is not much you can to to make the court enforce their own rules. A judge is nearly a God in his court.

    If a court does not believe it is a big deal or finds no reason to act, they aren't going to and there is nothing you can do about it.

    You do know that that other person can take your picture any time as long as she is legally allowed to be wherever she is while taking the picture (short of special exceptions such as the rules of the court, when enforced).

  7. #7
    Join Date
    Nov 2010
    Location
    Riverside, CA.
    Posts
    13

    Default Re: Picture Taken Illegally in Courtroom Used to Slander

    Unforntunately, I have no idea yet if it has caused damage in public. She testified I committed crimes that would have been considered felonies. Yet, there isn't any police report, arrest, NOTHING! These people are "off" if you get my drift. It was apperant the judge picked up on it. It is very obvious.

    I realize the difference between opinions & lies. This whole negetive experience has given me a crash course in law, constitutional rights... freespeech is a catch all. lol. But a very important right! I am planning on suing. There are more family members who have participated through out this whole ordeal.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Picture Taken Illegally in Courtroom Used to Slander

    Please be aware that a defamation suit could run into the tens of thousands of dollars, take several years and unless you have any hope of actually collecting would likely not be the prudent move.

    Also attorneys won't take these on contingency unless you're famous in some way.

  9. #9
    Join Date
    Nov 2010
    Location
    Riverside, CA.
    Posts
    13

    Default Re: Picture Taken Illegally in Courtroom Used to Slander

    I would not persue defamation. I am aware that is the hardest to prove. There were other crimes committed against me phsysically, and to my property like vandalism ect. I have had them arrested several times, I have witnesses & evidence.

    Quote Quoting Dogmatique
    View Post
    ... unless you're famous in some way.
    I guess being famous in my own mind doesn't count! LOL
    I really appreciate your responding to my post. Thank you.

  10. #10
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Picture Taken Illegally in Courtroom Used to Slander

    Quote Quoting tradingpennys
    View Post
    I would not persue defamation. I am aware that is the hardest to prove. There were other crimes committed against me phsysically, and to my property like vandalism ect. I have had them arrested several times, I have witnesses & evidence.

    ...how many convictions?

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