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Comment by throw101010 | Hacker News Reader

> I would guess his lawyer didn’t really believe him

Then you'd ask to change lawyer. If they can apply a standard practice of care and do basic checks like matching a username and time of use because they don't "believe" you when you say these are not you messages, they are not doing their job as a lawyer.

I'd go as far as saying such basic checks not being done amount to negligence/malpractice, they might have a civil case against that lawyer.

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But the lawyer would say "okay, help me prove you didn't send these messages"

We know he's innocent, and he knows he's innocent, but how does he prove it?

He doesn't have to prove that he didn't send them ... that's the prosecution's burden. (In the U.S. ... I know nothing about Canadian law.) But a competent lawyer could figure out how to prove it: get ahold of the IP address from which the messages were sent. Oh look, it was in California! (The IP address they had was from the email address with which Klayme had registered his Kik account with the mistranscribed name.)

Also a competent lawyer would have done a scrupulous audit of the chain of reasoning that led to his client, which would have revealed the username mixup.

Why do you assume that the IP that sent the messages was recorded. They the police went after the email at least suggests that it wasn't in the data that Kik provided during the police investigation.

> Why do you assume that the IP that sent the messages was recorded.

Seriously? It's not an assumption.

This is Canada. That may not be possible.

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