Malcolm Harris, the Occupy Wall Street protester whose Twitter records were turned over to prosecutors last year, is appealing his judgment of conviction and a criminal court’s finding that he couldn’t challenge subpoenas served on Twitter. Harris’ lawyer filed a brief last week with the Appellate Term, First Department, seeking a retrial without the use of Twitter records.
Harris was one of about 700 people arrested in a 2011 march across the Brooklyn Bridge. The Manhattan District Attorney’s Office sought Harris’ Twitter subscriber data and more than three months of Tweets to counter his anticipated defense that police led him and others onto the road where they were arrested. Twitter reluctantly turned over some records. Harris pleaded guilty in December to a single count of disorderly conduct.
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