Facebook groups have become the new neighborhood watch. They can also become a legal nightmare.

For decades, certain signs affixed to stop signs and other traffic fixtures were installed with the intention of giving would-be criminals food for second thought.

The signs warned of a neighborhood watch, a type of grassroots organization where civilians band together to keep an eye out for graffiti, vandalism and petty crimes.

With roots dating back to the 1960s, neighborhood watch groups were embraced by law enforcement agencies as effective ways to deter crime and help solve cases. But in the era of social media, neighborhood watch groups no longer involve monthly meetings at the house down the street — now it’s as simple as logging on to Nextdoor or uploading Ring doorbell camera footage to a community Facebook group.

In some cases, these groups are hyperfocused on a single event. Such was the case earlier this year when two Facebook groups were launched following the disappearance of 11-year-old Roman Lopez from Placerville.

Roman was living with his biological father, step mother and seven other children when he disappeared from his home. His body was found the next day, and police labeled the death as “suspicious.”

But despite the FBI’s involvement in the case, no suspect has been identified, and police are still trying to figure out what happened.

Anxious residents in Placerville have turned to each other on Facebook to help piece together clues and solve the mystery of Roman’s death. One Facebook group quickly swelled to over 6,000 participants as word of the case spread across the country, CBS13 reported.

Kristin Jabs, an administrator of one of the groups, said she simply wanted to help after learning about Roman. She now speaks publicly on the family’s behalf, acting as a liaison between reporters and family members.

Jabs acknowledges people post their own theories about what happened, which can include pointing fingers at other people, something attorney Mark Reichel said could present certain legal liabilities.

Mark said a person can sue for slander if they are damaged or harmed by what another person posts in a Facebook neighborhood watch group, but he also says those type of slander cases can be difficult to prove.

“To prevail on it, you have to have some real evidence that there is some damage to your reputation,” Mark told CBS13.

It could also have implications on the outcome of criminal cases if police do identify and arrest a suspect, Mark warned, adding that certain information posted to social media could taint a jury pool.

But Mark acknowledges that social media can be a good source of information, including what everyday citizens and community members think happened in a case.

“You can get honest observations, and I have in cases, just like that actually,” Mark said.

Click here to read the full story from CBS13 News

DOJ tells Gov. Newsom phased reopening of churches may violate constitution

Click/tap to read the letter sent by the Department of Justice to Gov. Gavin Newsom.

The U.S. Department of Justice has informed California Gov. Gavin Newsom that his state’s COVID-19 phased recovery plan may violated constitutional protections because it groups churches and other places of worship in a later phase compared to sit-down restaurants, shopping malls and other businesses.

In the letter, a copy of which is available here, DOJ attorneys acknowledged Newsom’s need to protect the health, safety and welfare of California residents, but said the “California Reopening Plan” may infringe on certain religious freedoms.

The letter paraphrases an earlier statement issued by U.S. Attorney General William Barr in which he wrote that “government may not impose special restrictions on religious activity that do not also apply to similar non-religious activity.”

“Religious gatherings may not be singled out for unequal treatment compared to other non-religious gatherings that have the same effect on the government’s public health interest absent the most-compelling reasons,” the DOJ’s letter said.

The letter, dated May 19, was signed by Eric Dreiband, the Assistant Attorney General of the Civil Rights Decision. U.S. Attorneys representing each of the four federal districts in California were listed as co-signers. The letter was sent to Newsom via California Attorney General Xavier Becerra on Tuesday.

California has put in place a four-phase system for reopening certain public businesses and other institutions following a state-wide shutdown in mid-March due to the coronavirus pandemic. State officials have given nearly three dozen counties the green light to enter “Phase 2” of the plan, which allows for sit-down restaurants and some retailers to re-open, assuming those businesses adhere to “social distancing” practices.

Barbershops, nail salons and gyms are grouped into “Phase 3” of the plan, as are churches and other places of worship. No county has applied to enter that phase of re-opening as of Wednesday evening.

Reaction to the governor’s plan has been mixed, with some churchgoers telling local news outlets they intend to continue worshipping from a distance.

But others have complained about Newsom’s plan since it was enacted. Several lawsuits have been filed in federal court seeking to overturn the closure, while other lawsuits have asked to reclassify places of worship as “essential services,” a tier of organizations that has been given priority for reopening.

Speaking to CBS13 News, civil litigator Mark Reichel said DOJ attorneys may have a case against state officials if they decide to pursue the issue in court.

“Until a federal judge says the churches have to open, the governor can still keep them close,” Mark said, adding that state officials aren’t required to respond to the letter until a lawsuit is brought.

Click here to read the full story from CBS13 News

Man sues Sacramento County for being held without charge

A man held for nearly a month in the Sacramento County jail has filed a federal lawsuit alleging financial loss and damage to his reputation.

Like all criminal defendants, Taylor Brophy was entitled to attend a hearing in a quick and timely manner after being arrested on suspicion of driving while under the influence. But Brophy claims other inmates heard his case called during their hearings — and he was nowhere to be found.

Brophy says not only was his blood alcohol level not above the legal limit, he was apparently lost in the system — and now he’s suing.

Criminal defense attorney Mark Reichel said it’s unusual for someone to be held in custody for so long without appearing before a judge.

“Ordinarily in California, 99 percent of the time on a first time DUI, as soon as you’re sober enough, you’re out the door,” Mark told CBS13 News. “They don’t have places to hold you so they do want you out of there.”

The Sacramento County Sheriff’s Office, the agency that runs the central jail, didn’t comment when asked by a reporter about the lawsuit, but said charges other than DUI may have been at play and that the man may have owed jail time for a past charge, CBS13 reported.

Brophy is no longer in custody as of this writing.

Click or tap here to read the full story from CBS13 Sacramento