Posted: Sep 13, 2012 5:23 PM by Nikki Ibarra
Updated: Sep 14, 2012 12:49 PM
Facebook records and diary entries will be handed over to the defense team representing 18 year-old Shane Villalpando. This, according to a Santa Maria judge Thursday.
Villalpando is charged with sexually assaulting a St. Joseph High School student.
The Santa Barbara County Sheriff's Department said Villalpando assaulted the girl while he was also a student at St. Joseph. He graduated a couple months later from neighboring Righetti High School.
KSBY's Nikki Ibarra was in court Thursday, where the judge decided on limited access to the social media site and diary.
Villalpando sat in court Thursday, as his attorney, Catherine Swysen, requested access to the victim's Facebook page and diary.
Swysen told Judge Edward Bullard the main reason why she wanted access is to see if there was a relationship between the victim and Villalpando, and "if it was consensual".
Prosecutor Brandon Jebens cited the victim's right to privacy.
Jebens referred to the request from Villalpando's attorney as a "fishing expedition".
Swysen also asked for access to the victim's diary, which Jebens said violates his client's rights.
Judge Bullard decided to allow limited access to the victim's Facebook information and diary, allowing information from 30 days prior to the January 12 reported incident, and 30 days afterward.
While the two sides read their testimonies, Villalpando's parents sat in the courtroom, taking notes.
The victim's mother was also present.
Villalpando will head back to court on October 25.
The principal and former dean of students at St. Joseph High School will return to court on September 18.
Joseph Myers and John Walker are charged with failure to report a sexual assault to police.
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