Showing posts sorted by date for query child pornography. Sort by relevance Show all posts
Showing posts sorted by date for query child pornography. Sort by relevance Show all posts

Monday, July 18, 2011

Another Big Law Bad Guy Caught In Child Porn Distribution and Possession

Late last week a capital markets lawyer and partner at Allen & Overy (which according to its website is a major international law firm practicing in 37 cities), Edward De Sear (pic) was arrested by the FBI and charged with distributing child pornography.

According to the Village Voice:  The complaint filed by the FBI includes graphic descriptions of three videos and images they had traced back to an IP address registered to De Sear. Two feature an adult male in sexual acts with a pre-pubescent boy, and another depicts an adult male with a pre-pubescent female who was bound by rope. 
During the execution of the search warrant, on or about July 14, 2011, law enforcement agents interviewed EDWARD DE SEAR, who admitted, in substance and in part, that
(1) he downloads and shares child pornography using his laptop;
(2) he uses the P2P network to download and share child pornography;
(3) he is the only person in his home who uses the P2P network; and
(4) he receives sexual gratification from viewing child pornography
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Last year, I passed along many examples of professionals of all sorts involved in this repulsive stuff.

On some psychological level I get how a person gets into the neurological habit of clicking on images and downloading this garbage.  But I can't fathom the act of making it, producing computer files comprised of this disturbing stuff, and distributing it.   You would think a lawyer would completely understand the perniciousness, let alone the danger in these criminal acts.  But as we saw last year, Judges, lawyers, child care workers, psychologists, physicians, bankers and law enforcement are not immune from committing these crimes.  

In addition, the FBI complaint states that:

Thursday, July 7, 2011

Leland Beasley Is a Piece of Crap, but....

Seriously, Leland Beasley (pic) is a piece of crap.  He is guilty of producing child porn which means he turned at least 10 children into his victims. Beasley is garbage.  But please explain how it is that a federal judge justifies giving him a sentence of 290 years in prison?  Here's Kristin Gosling's local account for KDSK:

The largest sentence ever imposed in the Eastern District of Missouri came down against a child pornography producer.  The U.S. Attorney's Office said Leland Beasley was sentenced to 3480 months in prison, which is more than 290 years.

At his jury trial in April, Beasley was found guilty of 10 counts of production of child pornography and two counts of possession of child pornography. The ten counts of production involve 10 different victims.

According to testimony presented at trial, Beasley owned and operated video gaming businesses called Gamestation Sector 19, located on Lemay Ferry Road in St. Louis County. Several of the victims were molested by Beasley and videotaped at this business.
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Any long time follower or reader of this blawg knows the Bad Lawyer earned his props going after pedophiles, what I want to know is why are absurd sentences being handed out.  We get it.  This man is a beast.  But isn't a life sentence or one just short of his life expectancy, if he can stay alive as an SO in prison--sufficient to send the message?  We are entering an era of science fiction in some of the sentencing schemes.

Wednesday, May 4, 2011

Former Fed Law Clerk and Peeping Tom Off to Jail

Daniel Eisman, a lawyer and former law clerk to a federal judge was sentenced to 5 years in prison for voyeurism and child porn.  This striking account is from reporter Lisa Demer at the Anchorage Daily News which provided the account of Rachel Yould's fraud conviction and sentencing last year.  Here's Ms. Demer's account of Eismans's sentencing:

"Daniel Eisman, a former law clerk to a federal judge in Anchorage, was sentenced Thursday to four years in prison after pleading guilty to indecent viewing and child pornography charges. At the sentencing hearing before state Superior Court Judge Gregory Miller, one victim testified by phone and another attended in person, telling the judge about the pain and sense of betrayal inflicted by Eisman. The indecency charge relates to secret cameras he placed around his home and in a cabin.

In all, prosecutor Roman Kalytiak identified six victims by their initials. Victims told the judge at least a dozen people can be seen on the videos in various states of undress or even using the bathroom.  'The people in these videos are not strangers,' Kalytiak said. 'These are people who were friends of the defendant's.' Some were co-workers.

Eisman clerked for U.S. District Judge Timothy Burgess (a 2005 Bush appointee,) as did the victim who stumbled across the videos last May on a hard drive connected to his home computer. She had permission to use the computer and was apparently looking for winter carnival pictures from Fur Rondy, Kalytiak said.   She found Eisman's secret instead.
The co-worker was a frequent babysitter for Eisman and his wife. She attended the birth of their child. She spent holidays with Eisman, his wife and his parents. He was one of her best friends, she said in telephone testimony.  The woman was babysitting for Eisman's family on May 5, 2010, when she came across a file with her name on it.

'On that date, I learned that Dan had been videotaping me, recording me in the most vulnerable moments every chance he got,' she said.

Eisman, who is 36, admitted setting up cameras in his guest bathroom, guest bedroom and other rooms in his home and in a family cabin in an effort to secretly peep on men and women. The cameras were hidden in a lamp, picture frame and carbon monoxide detector, among other places.

The coworker said the videos showed her undressing in various rooms over an eight-month period. At least once, Eisman encouraged her to take a shower in the guest bathroom.

She said she suspected he had been making his secret videos of his friends' private moments for at least five years. He had amassed an enormous collection, she said. She said she was particularly concerned by the hundreds of downloaded child pornography images found on the computer. They were mixed with photos of his own baby boy so that he could look at his son, then child porn, one image after another.  'I fear that if left unchecked these boundaries may have become blurred in his real life as well,' she said. 'I am deeply concerned for the safety of his now 1-year-old boy.'

She turned the hard drive over to Anchorage police, who obtained a search warrant for it, Kalytiak said.  The coworker testified that she's been devastated since finding the videos last May, not only because of the loss of her own privacy, but because of the hurt everyone suffered, including Eisman's wife -- her friend.

'It's a horrible thing to have to turn your former best friend into the police,' she told the judge. But it was the right thing to do, she said.

A second victim also testified, a man who said he too was a co-worker and friend of Eisman.  'I want to speak for the untold victims who are not here, because they are pillars of our community and their reputation is so easily destroyed by something of this nature,' the second victim told the judge.

Eisman used many ruses to entice women into his home, the man told the judge. He hosted parties. He used his own child to lure baby sitters to his cameras. He arranged his videos by name and labeled some as 'good.'

None of the videos were ever posted on the Internet, his defense lawyer, Andrew Lambert, told the judge. The defense and prosecution worked out a plea deal that is severe, but fair, he said, urging the judge to accept it.   When it came to Eisman's turn, he admitted that 'what I did was simply wrong.'  He said he's already getting help from a psychologist.

'As for the victims, it's more than a bit ironic because we were truly friends before I betrayed their trust,"'Eisman said in court. 'No words will give you back what I took. You have every right to be angry, every right to want to lash out, every right to hate me[. . . ]  What I did didn't stem from malice. It stemmed from curiosity, addiction, and a failure of my moral compass. But ultimately the fault is my own.'

Eisman said he was grateful that his wife had supported him throughout the ordeal, though the marriage is now ending. Maybe his victims will take solace in what he's losing: 'A job, a career, my wife, my law license and my reputation.'  The worst of it will be the lost years with his son, he said, breaking into tears as he talked about the 'messy meal times, play times in the park and a dozen other firsts."'

In pronouncing the sentence, Judge Miller paraphrased a psychologist in town who says it takes 20 years to build up a reputation and 20 minutes to tear it down.

'And you have succeeded like no one I've ever seen before in doing that,' Miller told Eisman.

In addition to the prison time, Eisman must register for 15 years as a sex offender and will be on probation for five years.  Eisman walked out of the courtroom, his hands behind his back his shackles, to begin his prison sentence."
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Mr. Eisman worked for U.S. District Judge who was a former U.S. Attorney (Hon. Timothy M. Burgess)--of course, Eisman has no explanation for his acts. Those acts are inexplicable as are most bad acts by those of us who know better.

Thursday, April 21, 2011

Simple Justice on Restitution and the "Misty" Series of Child Pornography


This morning Scott H. Greenfield at Simple Justice had a provocative post on the "Misty" series of computer child pornography. 

In the last year the New York Times and other major media  covered the legal and philosophical issues arising out of the now adult survivor victim's efforts to seek redress, specifically to obtain "restitution" in criminal prosecution where her images crop up on the computer hard drives of child porn defendants.

Scott's post this morning (his second on this case) deals with some of the aspects of the underlying criminal conduct as it relates to the restitution component;  and, especially the difficulty federal courts face in arriving at statutory restitution remedies.  Restitution is complicated, enough, now try to figure out how it suffices as a remedy for an adult survivor of child pornography vis-a-vis the present day perpetrator via the mouse click. 

Lots to think about, huh?

Sunday, October 17, 2010

If I showed You the Evidence, I'd Be Guilty of Distributing Child Porn


The Rapid City Journal has this remarkable report relating to a prosecutor's refusal to turn over images to the defense counsel in a child porn case because as this post header says, the Prosecutor claims it would be an illegal distribution of child pornography.:

"Releasing evidence to a defendant's attorney would make her guilty of distributing child pornography, prosecutor Laura Roetzel said Wednesday.

Pennington County's chief deputy state's attorney has refused to hand over copies of photo evidence in the case against John Rolfe to his attorney.  Rolfe, 59, is accused of three counts of first-degree rape and 12 counts of the manufacture, distribution and possession of child pornography. He is being held in the Pennington County Jail on $1 million bond.

Both state and federal statutes prevent her from releasing the information, Roetzel said. 'I would be guilty of disseminating child pornography,' Roetzel said.

Rolfe's attorney is free to examine the evidence in the Pennington County State's Attorney's Office, which is a common practice in these cases, Roetzel said.

During Wednesday's hearing, Roetzel announced that she plans to ask the court to permanently suspend Rolfe's telephone privileges. Roetzel said later that Rolfe is making harassing telephone calls to people who are peripherally involved in the case.  Roetzel and Rolfe's attorney will present their arguments at a motions hearing at 9:15 a.m. on Nov. 1."
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Seems to me that an argument exists that the defendant has a de facto deprivation of due process claim.  For one thing, without knowing more about the specific facts of this case, we can point to at least one situation over the last year where a defendant, facing 20-years, was able to prove that the alleged "child" in alleged child pornography video was an adult.   One could conceive of the situation where absence some prolonged access to such material would deprive the defense counsel of the ability in a similar fashion to explore this defense.  Furthermore, there is the question of chain of custody, possession of the "evidence" might permit testing or other forms of examination to establish manipulation of the images, or a source or custody other than the defendant.

I know that I previously related the case involving my client, a 17-year old male high school special ed student and star athlete, who was sexually exploited by his female substitute teacher.  In fact my client fathered a child with this educator; although his lawsuit brought after his 21st birthday was tossed by the civil courts because of the restrictive OurState statute of limitations

Unfortunately, the parents of my client turned over numerous photographs on CD-ROM constituting evidence of the crimes against their son.  These were rank sex images of this teacher having sex with my client and other teenage boys.  In turn I provided these images to the prosecutor who convened a Grand Jury.  Who got indicted?  My clients.  Yes, my clients: the parents, (as an aside I should have realized that my career was swirling down the drain),--why?  The prosecutor accused my clients of possession of child pornography!  The charges were subsequently dismissed, but not before these poor folks were humiliated in the press, had to hire a criminal defense counsel and all the other horrors you might imagine. 

It sounds to me like the same sort of thinking (?) is going on here. 

Thursday, September 23, 2010

No, You Can't Attend Church


The New Hampshire Supreme Court has refused to permit a convicted child sex offender to attend church, even in the company of a chaperone.  Here's the Union-Leader story:

"The New Hampshire Supreme Court has denied a sex offender’s request that he be allowed to attend church with a chaperone. Jonathan Perfetto of Manchester was convicted of possessing child pornography and released from prison in 2008.

Though a court ordered him to have no contact with children, he had asked to attend Jehovah’s Witnesses services chaperoned by a church elder.  The state Supreme Court Friday upheld a lower court ruling denying that request. It said the condition does not violate Perfetto’s constitutional rights to religious freedom and that Perfetto can practice his religion in other ways.

Perfetto also served time when he was 17 for molesting a young male relative and again when he was older for assaulting adult women."
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Huh?  Really?  Let's chew on this one.

Thursday, September 9, 2010

Pediatrician Charged with Exchanging Child Porn, Not a Re-Run!

AZCentral has the report of a Sun City (Arizona) physician charged in federal court with possessing, and exchanging pornographic images of children.  Worse the physician is a a pediatrician bringing to mind the case of Connecticut pediatrician Dr. Earl Bradley featured here and at newsites around the world last December. 

What follows is an excerpt for Stepahnie Russo and Brennan Smith's account:

"A federal judge on Friday issued the release of a Sun City pediatrician accused of sharing thousands of pornographic images of children. Dr. Emilio Luna, 40, is charged with distributing child pornography in interstate commerce. Conditions of his release include that he surrender his passports, wear an electronic monitoring device and not have access to children or the Internet.

Authorities said Luna would not be released until those conditions were met. It was not clear if he remained in custody Friday evening.

Federal authorities arrested Luna on Wednesday after nearly a three-month investigation into the file sharing activity of "Speeedi69." A federal criminal complaint said someone with that user name shared files depicting sexual exploitative images of children engaging in sexual acts, at times with adult men.  FBI Cyber Crimes Squad agents traced the user name's Internet protocol address to Luna's home in Sun City, where he lives with his parents. Agents executed a search warrant of the residence Tuesday, according to the complaint.

During a search of Luna's bedroom, investigators seized two laptops, a desktop computer, four external hard drives and approximately 300 DVDs and DVD-Rs, some of which were encrypted. Investigators also found multiple passports and approximately $15,550 in a file folder in his closet.

Luna began working at Desert Valley Pediatrics in January of this year. Authorities do not know if any of the images were of patients from the West Valley practice [ . . . ]According to the office's website, Luna received his medical degree from the University of California, Los Angeles, in 1996 and has been practicing pediatrics for over 10 years in California, Texas and Arizona.

His practice has been at least temporarily halted. On Friday, Luna signed a voluntary practice restriction on his medical license with the Arizona Medical Board. The restriction prevents him from practicing medicine in Arizona indefinitely, Executive Director Lisa Wynn said.

A conviction of distributing child pornography carries a maximum sentence of 20 years in prison, a $250,000 fine or both, according to the U.S. Attorney's Office"
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In the Earl Bradley case there is alleged, definitive evidence that monstrous crimes were committed by the pediatrician over many years against his patients.  That is not this case in the matter of Dr. Luna, yet. 

One of the most heart-breaking aspects of the Clergy Sex Abuse scandals was the place of honor held by clergy-perpetrators in the minds and memories of parishoners.  Those perpetrators baptised, educated, confirmed, routinely gave out sacraments, and blessings and of course presided over weddings and funerals.  The priest/perpetrators were frequently honored guests in homes, and alawys memorialized in family photos often prominently displayed on mantelpieces. 

I am reminded of these facts, because those of us who brought the original claims arising of child sex abuse by priests we were villified, threatened and insulted in the media.  I related here on Bad Lawyer how a woman I still occasionally encounter, asked me at the time "how do you sleep at night?"  This after I revealed information that a local icon/priest was a serial child molester eventuating his removal.  Her husband, the son of a local judge published my address and suggested that my home be vandalized. Eventually, a Vatican canonical trial found this vile Pastor guilty and he was "defrocked."  A locally reknwoned columnist called me "one of those lawyers who believes everything his client tells him." 

"Professionals" have the capacity to do great good and great injury.  Our licensure opens doors to degrees of intimacy and thus the opportunity to violate trust at the most fundamental level.  My struggle over the last year has been to embrace precisely how I did this not only to my family but to the clients who actually looked to me to advocate for them.   A dear old client, calls me still even within the last couple of days to talk about the currents in the crises of the Catholic Church and I am at a loss to say anything at all other than to remind him that I can make those arguments for anyone anymore.

Tuesday, August 24, 2010

Child Porn Claims Maine's Top Prosecutor

James Cameron (pic) was formerly the top prosecutor in Maine's Attorney General's Office, now he's a felon convicted of federal child pornography laws.  This account is courtesy of Trevor Maxwell at the  Portland Press-Herald:

"Three years ago, James M. Cameron held a position of power and trust as the top drug prosecutor for the Maine Attorney General's Office.

His stunning fall from that post began in December 2007, when state and federal agents showed up at his Hallowell home with search warrants for the four computers inside. The fall ended Monday, when a federal judge convicted Cameron on 13 of 15 counts of sending, receiving and possessing child pornography over the Internet.

Cameron, 48, showed no emotion as Judge John Woodcock Jr. read the verdicts that capped the six-day bench trial. The former assistant attorney general was immediately handcuffed and put in federal custody after the ruling. The former state prosecutor, who opted not to testify in his own defense, faces a minimum of five years and a maximum of 20 years in prison when he is sentenced later this year. The Maine State Police Computer Crimes Unit began investigating Cameron in 2007, after Yahoo reported finding child pornography in the photos of an account holder later identified as Cameron's wife. The Yahoo reports were made to the National Center for Missing and Exploited Children in Alexandria, Va., an organization that works with local, state and federal investigators.

Investigators ultimately tied 17 user profiles on Yahoo – many of which had sexually explicit names – to three Internet Protocol addresses assigned to computers at the Cameron household. Prosecutors used data from the computers, including log-in names and times, to determine that it was Cameron alone who was responsible for the illegal activity. Besides images of child pornography uploaded to Yahoo file servers, investigators found explicit images, e-mails, chats and other evidence on the four computers seized from Cameron's home. Cameron engaged in some of the illegal activity from his home computers on days when he was working, prosecutors said. His former secretary testified that Cameron was often away from his office, and those unexplained absences prompted a running joke at the Attorney General's Office, in which someone would ask: 'Where in the world is Jim Cameron?'

Assistant U.S. Attorney Donald Clark referred to that joke several times during his closing argument Monday.  'Where in the world is Jim Cameron? We know the answer. He was at home, on his computer, trading child pornography,'  Clark said.  Clark said Cameron had advanced computer knowledge, and he stored pornographic materials in photo folders on Yahoo so that he could then delete the files from his home computers using a software program called 'Wash n' Go.'

But Cameron was apparently unaware that traces of the child pornography, including images and chats on the now-defunct service 'Google Hello,' remained on the hard drives of the computers and were found by investigators, Clark said.

In his closing argument, defense attorney Michael A. Cunniff said the government failed to prove that it was Cameron who sent, received or possessed any illegal photographs or videos. Cunniff said if Cameron inadvertently received illegal images, he deleted them because he was not looking for child pornography. Erotic chat and fantasies are not crimes and are protected by the right to free speech, Cunniff said.

'If a person wants to collect child pornography, they save it, they don't destroy it,' Cunniff said. He also said the investigation of Cameron was flawed from the start because agents believed him to be guilty and they did not pursue any other possibilities, such as the theory that someone pirated the open wireless signal at Cameron's home. Cunniff noted that one state police detective used the phrase 'stringing evidence around Jim Cameron's neck.'

'No meaningful search for exculpatory evidence was made,' Cunniff told Judge Woodcock.

Cameron was indicted by a federal grand jury in February 2009. He waived his right to a jury, putting his fate solely in the hands of Woodcock, the chief federal judge for the District of Maine.

The trial proceeded slowly as government lawyers and Cunniff argued over rules, procedural matters and the admissibility of almost every piece of evidence.  'The persistence and vigor that I displayed were manifestations of my respect for the law, not disrespect for the court,' Cunniff told Woodcock at the outset of his closing argument. Cunniff had lodged repeated objections based on his argument that Yahoo does not have the right to browse through images posted by users in password-protected folders. Woodcock said the images qualify as business records and Yahoo has the right to inspect them.

Cameron is now divorced from his wife, but they have been working together to raise their 15-year-old autistic son, Cunniff said. Cameron had been free on $75,000 bail before Monday's verdicts.

Woodcock found Cameron guilty on eight counts of sending, four counts of receiving and one count of possessing child pornography. The judge found Cameron not guilty on two counts of sending child pornography."
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I've been following this story for awhile, now, and I'm not quite sure I understand Cunniff's argument about "business records," nonetheless it is clear that Cunniff aggressively defended Cameron.  I am curious as to how an appeal is going to play out.  If I understand the story, the child porn was in an account belonging, at least in name, to the wife.  Obviously the Judge believed that the federal prosecutors proved that Cameron set up the Yahoo account in her name for his purposes. Still, you have to wonder if a reviewing appellate court will say this factor creates a basis for "reasonable doubt."

Once again, do you need an object lesson in the power of this awful stuff--child pornography?

Tuesday, August 3, 2010

Uniquely Alaskan Justice in Child Porn Case?

The Anchorage Daily News had this remarkable account of the re-sentencing of former Anchorage police officer and child molester, Sammy Cohen:

Former Anchorage police officer Sammy Cohen (pic) will not serve any more jail time on his conviction for sexually abusing and exploiting his daughter.  State Superior Court Judge Michael Wolverton on Thursday sentenced Cohen to 12 years in jail with eight suspended.

But Cohen will not return to jail because of the length of time he's already been incarcerated. Cohen's sentencing came five years after his arrest by police detectives on charges of sexually abusing his daughter and possessing child pornography. He was not convicted of touching his daughter sexually but rather of taking nude photographs of her, including some in which he made her pose.

Last October, a jury found Cohen, 56, guilty of abusing and exploiting his daughter a decade ago. She was 14 years old at the time. The jury based its findings mainly on topless and nude photos Cohen took of the girl that were obtained by police officers. The police began investigating Cohen after a federal agency alerted them that he had purchased child porn on the Internet.  Cohen has maintained his innocence on all the charges. He plans to appeal, his attorney John Cashion said Thursday.

Several young women, including his now-adult daughter who lives out of state, testified against Cohen during last fall's three-week trial. The other women said Cohen bought them gifts, gave them back rubs and did huge favors for them when they were underage or close to it; Cohen was not charged with abusing or exploiting them.

The jury acquitted him of several sex abuse charges -- one involving touching and groping his daughter. A juror explained later that the jurors felt comfortable convicting him on the evidence they saw in photographs, but not on counts for which they had to rely solely on the daughter's word about what happened.

The daughter and other family members did not attend Wednesday's sentencing hearing and the daughter did not file a victim statement. The affected family members 'want to put this behind them and want to have nothing to do with him anymore,' said state prosecutor John Skidmore.   Two off-duty police officers testified in Cohen's support, praising his strong work ethic and loyalty as a family friend. Also in the courtroom were other former co-workers: police detectives who investigated Cohen.

'They became intimate with the details of the case and wanted to see a full measure of justice done,' said police Lt. Dave Parker.

[Prosecutor] Skidmore argued in favor of a 20-year sentence with seven years suspended. He said the crime deserved a longer sentence than the norm given Cohen's role as a police officer.  Skidmore noted the high recidivism rate of sexual offenders who target children. Also, until Cohen admits his crime, his chances for rehabilitation are diminished, Skidmore said.

[Mr.] Cashion, Cohen's attorney, favored a sentence of two years in prison and three years of probation, saying that case law did not justify a longer sentence. He said that Cohen respects the judicial process and will follow his probation.

After a recess, Judge Wolverton imposed Cohen's 12-year sentence, with eight years suspended.  Wolverton told the courtroom that he specifically did not intend for Cohen to return to jail.  The judge said that while Cohen has a history of  'concerning behavior,' he believed that Cohen had  'very good prospects' as a probationer.
Cohen will not go to prison because he has already spent more than two-thirds of the four-year, unsuspended prison sentence in jail -- 1,024 days to be exact.  In Alaska, felons with good behavior do not need to serve the final third of their sentence, though they must return to jail to serve the remainder if they violate their probation.  Cohen spent a portion of that time in isolation due to his status as a former police officer and he was assaulted three times, once during transport, Cashion told the judge.

Cohen was an 11-year veteran of the Anchorage Police Department and was teaching at the police academy when he was arrested in 2005. He also served in the military for 23 years.  Cohen is now registered by the state as a sexual offender. Among the 18 conditions of his release, he must not contact the victim, he cannot have unsupervised contact with females under age 16 or have an e-mail account without his parole officer's permission, he cannot go to parks and playgrounds that minors use, and he and his property can be searched without a warrant for pornography, female minors or firearms.
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Wow!  Talk about getting a break, this guy was taking pornographic pictures of his daughter and her young friends.  Cohen was touching these children and they touched him.  Cohen spent less than 3 years incarcerated. 

Something about this story sounds Alaskan-specific.  That this guy did these acts and other officers were comfortable sitting in court in support, pretty amazing.

Monday, August 2, 2010

"Far Beyond the Heartland of Depravity"

The terrific and beautifully written Blawg, Simple Justice, has an excellent consideration of the 11th Circuit's opinion in the US v. Irey a particularly disturbing child pornography case that I came across at the Orlando Sentinel last week but didn't have Scott Greenfield's presence of mind to address. 

Greenfield's Criminal Defense Blog is always insightful and his discussion of the Irey decision finely dissects problems with the many facets of the crime, the harm, the sentencing and the politics of pedophilia and child pornography and particularly the computer viewing consumers of Irey's vile images.

By way of background, William Irey (mug shot), a construction company owner is serving a 171/2 year sentence as a consequence of child pornography he created as a sex-tourist in Cambodia.  The 11th Circuit Court of Appeals held en banc (meaning the entire court, all the Judges, heard and signed on to the opinion) that the sentence was "unreasonably" short for the crimes committed by Irey which the Court described as "far beyond the heartland of depravity."  The Orlando Sentinel's coverage is at the link.

Monday, July 26, 2010

Long Term Harm

The South Carolina Post and Courier reports  on the sentencing of Jessica L. Bradley (pic) a 20 year old area woman who as a teen had a sexual relationship with a boy 4 years her junior and subsequently became pregnant with the young man's child.  She is gong to prison.This is Schulyer Kropf's account;

"A woman who became involved in a sexual relationship with a teenage boy and gave birth to their baby was sentenced to four years in prison Friday for possessing child pornography.

Jessica L. Bradley, formerly of the Hanahan area, pleaded guilty to five counts of sexual exploitation of a minor, which is the state's law dealing with pornographic material and minors.   The pornographic images were not of the boy, who was about 15 when the sexual relationship started last year. She was 19.   Jessica L. Bradley pleaded guilty to five counts of sexual exploitation of a minor. Circuit Judge Roger Young sentenced Bradley to 10 years in prison, suspended to four years behind bars followed by five years of probation. The judge said he was troubled by her extensive involvement in pornography and apparent lack of remorse. He did note that she had been sexually abused as a youth.

Bradley, now 20, said little in court, other than to acknowledge the judge's questions. She has been in the Charleston County Detention Center for more than a year.

Jail time is warranted in the case, Young said during her guilty plea in the Charleston County Judicial Center, 'to help you recognize the wrong of what you were doing.'

Ninth Circuit Assistant Solicitor Debbie Herring-Lash, who prosecutes child sex crimes, said it is difficult to track how often incidents of women getting involved with teenagers occurs locally, largely because boys are much less likely to report the conduct.

Bradley was described as a neighborhood friend of the boy's family. According to courtroom statements, she sneaked the boy into her residence, where she exposed him to a variety of sexual materials, including videos.  The relationship began in the spring of 2009. Authorities later seized computers containing pornographic images.  In court Friday, the teenage victim told Young he is trying to overcome lingering emotional problems from his association with Bradley, including withdrawal and anguish.

'She actually made me withdraw from my friends,' he said.

The case was investigated across several jurisdictions, including the North Charleston and Hanahan police departments, and the state attorney general's Internet Crimes Against Children Task Force.

Assistant Attorney General Priscilla Jones said the office made a legal decision not to pursue the case beyond Friday's five-count guilty plea.  Separately, the teen also is trying to gain custody of his 13-month-old daughter. She is in foster care through the Department of Social Services, his family said.  When Bradley is released from prison she will have to register as a sexual offender. Her prison sentence begins immediately."
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I handled several matters that were in my opinion far more egregious than this case.  Something about the relative ages of the defendant and victim give me pause. 

When you think about child sex abuse, it's pretty easy to understand the long term harm.  This is a case about the long term harm.

Saturday, July 24, 2010

Maryland State Trooper Facing Child Porn Charges

Crime reporter Peter Hermann of the Baltimore Sun reports that this guy (pic, left), Maryland State Trooper, Bruce Tucker is charged by prosecutors with possessing thousands of pornographic images of children:

"A Maryland State Trooper faces felony charges of possessing child pornography after more than 3,000 images were found on his computer, a Baltimore County Police spokesman said.  Investigators say Bruce Allen Tucker, 47, of Esplanade Court in Owings Mills, had received and exchanged images of child pornography, including male and female children performing sex acts, posing nude and performing oral sex. He was arrested July 16 and released after posting $50,000 bail.

State Police spokeswoman Elena Russo said Tucker has been suspended without pay.  According to the statement of charges, the investigation began in March. All the exchanges occurred while Tucker was off-duty, said Lt. Robert McCullough, a Baltimore County Police spokesman.

Here are more details from county police, who did not mention in a release that Tucker was a state trooper:

Baltimore County Police arrested Bruce Allen Tucker, 47, of Esplanade Court in Baltimore County. On July 16, he was arrested and charged with numerous child pornography charges to include possession of child pornography, possession of child pornography with the intent to distribute, and the distribution and possession of obscene matter.   Police investigation revealed that Tucker received and exchanged numerous images of child pornography over a period of several months. he images depicted pubescent male and female children nude performing sex acts, posing nude in a state of arousal, performing oral sex, and posing nude.

Tucker used the screen names Poledeepin@aol.com and LONGPOLEIN@aol.com. [charming]

Bruce Allen Tucker was released after posting bail in the amount of $50,000.
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If you get a strange email, beware, Trooper Tucker is on the loose. 

I now only feel obligated to send along the accounts of these child porn arrests if there is something particularly unusual in  the story.  The purpose of continuing to pass along these stories it to marshal the evidence for the proposition that the compulsion to look at child pronograpy, knows no boundary.

Be disgusted.

Friday, July 23, 2010

Prominent Kansas Lawyer, Faces Child Enticement Charges

Well, we've been here before, but the Kansas City Star is reporting (let me acknowledge the ABAJournal for the first catch on this story) on the "prominent" Oveland Park Law Partner who was sending video of himself masturbating in his law office in an effort to entice a 14 year old into meeting him for sex.  Thi is Joe Lambe's account:

A partner in an Overland Park law firm is charged with attempting to entice a minor and with sending and receiving child pornography.  Federal prosecutors on Thursday charged Samuel P. Logan, 45, of Kansas City, in federal court in Kansas. Federal judges in that state quickly recused themselves, and the case is now in federal court in Kansas City.  Logan’s father, James K. Logan, is a former federal appellate judge who heard Kansas cases and before that was dean of the KU law school from 1961 to 1968.

Samuel Logan is a partner in Foulston Siefkin, the largest law firm based in Kansas with offices in Overland Park, Wichita and Topeka. Jim Oliver, another partner in the firm, said it cooperated with FBI agents who were there Thursday. He declined further comment.

According to federal charging documents, Logan used a web camera to send images of himself masturbating in what appears to be a law office.

From June 1 through July 22, he sent them to an undercover officer posing as a 14-year-old girl and also engaged in sexual conversations with the officer and sent images of adult and child pornography, prosecutors say. During conversations with undercover agents, Logan told them he was Sam, that he was 45 years old and that he was an Overland Park lawyer who worked on the fourth floor and drove a Toyota Camry, according to court records.
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Another Maritndale-Hubell "AV-rated" attorneyand past Johnson County, Kansas Bar Association president.

Tuesday, July 13, 2010

CVS Drugstore Manager Indicted on Child Porn Charges

A Phoenix CVS Pharmacy manager has been indicted on child porn charges according to AZCentral.com after images saved under his named at the photo kiosk were detected by a co-worker:

"A Phoenix man was indicted this week on 10 counts of sexual exploitation of a minor stemming from his arrest after child pornography images were found at the Fountain Hills pharmacy where he worked.

Michael Brown (mug shot), 49, was arrested in late June when another manager at the CVS Pharmacy discovered pornographic photographs of minor girls saved to the photo kiosk under Brown's name at the store. Brown also worked as a manager at the store. A search warrant was served to Brown's home and car, where hundreds of photographs and USB drives containing child pornography, child erotica and adult pornography were discovered, a court document said.

A prepared statement from Maricopa County Attorney Rick Romley said many of the photographs contain girls who appear to be under 13 years old.

'Children are so trusting and vulnerable and, unfortunately, these traits often make them easy to exploit,'  Romley said in the statement. 'This office takes crimes against children extremely seriously and we will continue to prosecute these cases vigorously.'

Each count of sexual exploitation of a minor is a class 2 felony, and considered a dangerous crime against children, according to the release."
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A little off-topic, here, but as you will recall, Romley is the former Maricopa County attorney and the current Maricopa County attorney having replaced Andrew Thomas who was Sheriff Joe Arpaio.  It's refreshing to see actual crimes being prosecuted in Maricopa County as opposed to local enforcement of federal immigration laws by show sweeps of Hispanic citizens, children, and undocumented residents.

Pediatric Dentist Gets 6 Years for Child Porn, Nice!

A St Charles, Mo. Pediatric Dentist, Dr. Anthony Rizzuti, has been sentenced to 6 years in prison for child pornography according to  the Stltoday.com (St. Louis Post Dispatch website.)  Obviously, this story is shades of  Delaware pediatrician Earl B. Bradley that I and about every other news and blawger reported on late last year.  This is from Robert Patrick:s story:

"A pediatric dentist from St. Charles caught in an Internet sex sting in 2008 was sentenced Thursday to six years in federal prison on a child pornography possession charge. Dr. Anthony R. Rizzuti was arrested in June 2008 by Maryland Heights police after driving there from his home to meet, and have sex with, what he thought was a 14-year-old girl, prosecutors say. The girl, 'Hannah' was really a Maryland Heights police officer. In an ensuing investigation, police uncovered child pornography on Rizzuti's computer.

The 2008 arrest followed the third time that Rizzuti corresponded with an undercover police officer online, according to court documents and testimony.  In March 2005, Rizzuti had similar conversations with a Dublin, Ohio, police officer pretending to be a 14-year-old girl. Rizzuti bought the girl a plane ticket to San Francisco so they could meet there and have sex, prosecutors say.  It was not clear what happened to the 2005 investigation and another investigation briefly mentioned Thursday.

Rizzuti's lawyers argued that he did not intend to have sex with either 'girl' and was engaging in fantasy online chats with people who could have been any age.  But Assistant U.S. Attorney Rob Livergood cited records of the Ohio chats in which the 'girl' mentioned her age five times. Rizzuti's psychologist, Luis Rosell, said Rizzuti was a low risk to commit other crimes, or have sexual contact with children. izzuti was sexually inexperienced, and his online chats were an outlet, part of his 'fantasy life,' Rosell said. But even there, Rosell said, Rizzuti met frustration.

'The adults don't talk sexual,' Rosell said, adding that only the 14- and 15-year-olds would engage in sexual conversations with Rizzuti.At least three of those 'teens,' of course, were police officers prowling for child predators.

Rizzuti pleaded guilty to the pornography charge in December. In addition to the six-year sentence, U.S. District Judge Rod Sippel placed Rizzuti on supervised release for life. He will also have to register as a sex offender. Rizzuti still faces a felony charge in St. Louis County of attempted enticement of a child in the Internet sting case."
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We kid ourselves when we think a professional certificate, white coat, or business card denotes something trustworthy especially when it relates to those we trust with our children.  As I have said, ad nauseum, pedophilia, sexual predators are not limited by wealth, education or social class.  I know this sound preachy, but it needs to be said, our job as parents is to be fully present with our children when they interact with adults. 

When I launched into that part of my law practice that was directed to tracking down these people I trusted that my awareness of the capacity for a black heart would instill in me a sense of who was lying when they denied doing these things to children.  How little I knew, how little I know!  The capacity for persons in these trust relationships to exploit and injure those in their care is startling.  It seems to me that there is no higher calling than to end the evil exploitation of children by adults.  This comes in many forms, in many places, none of it can be justified.

Wednesday, June 23, 2010

Octogenarian Former-Mayor Gets 2 Years for Child Porn!

The Anchorage Daily News reports on the octogenarian ex-mayor sentenced to prison for child porn.  This is story is baffling, the story:

"An 81-year-old Hydaburg (picture of community, above) man was sentenced Monday to two years in federal prison for possessing child porn.  Robert Armour Sanderson, a former mayor of the Southeast town, was caught after he ordered two videos from an undercover postal inspector during a sting operation, according to the U.S. Attorney's Office.

A later search of Sanderson's home found 170 images of child pornography in his bedroom, the U.S. Attorney's office says. Sanderson, who had no criminal history prior to his arrest, was indicted in October. He pled guilty in April. His federal public defender says he is a community leader and has served as a guide and historian to the area for writers and anthropologists.

Hydaburg is on the southwest corner of Prince of Wales Island."
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Why?  Absolutely pathetic.  I wish there was greater detail about Mr. Sanderson, I'd like to hear his explanation for Mr. Sanderson's interest and behavior.  Child pornography as I've said repeatedly on Bad Lawyer, is not a victimiless crime. 

Speaking of the baffling nature of this awful crime, Canoe (the best source for Canadian News) reports on the London, Ontario cop charged with child porn on his lap top computer. 

Thursday, June 17, 2010

Candidate for Gibson County Prosecutor is a Perv!

The ABAJournal.com this AM links to the story at the Princeton Daily Clarion story about William R. Wallace, III (pic) candidate for the job of Gibson County, Indiana prosecutor.  Here's a excerpt from Andrea Howe's story:

The Democrat candidate for Gibson County Prosecutor was indicted for patronizing a prostitute, possession of child pornography, obstruction of justice and false informing by a Gibson Superior Court grand jury Tuesday evening. The judge set bond at $750 cash and scheduled a first appearance for Wallace at 9 a.m. July 2 in Gibson Superior Court. He allowed Wallace to turn himself in and post $500 bond Tuesday evening, with the remainder due by the July 2 hearing.

Special Prosecutor Jonathan Parkhurst said he would file the formal charges prior to the court hearing. He said Tuesday evening after the jury returned the bills of indictment that the case centers around a complaint from a woman who once worked for Wallace and was a former client.  Parkhurst said the woman was in the Gibson County Jail last summer when Wallace came to the jail and agreed to represent her in a divorce and a civil case for $750. The girl's mother, said Parkhurst, paid $200 up front. The woman was due to be released Sept. 9, 2009, and at that time, said Parkhurst, Wallace allegedly proposed sex for paying the rest of the bill. The special prosecutor said the woman agreed and met him in a Fort Branch apartment and had sex with him.

Parkhurst said in March 2010, Wallace allegedly contacted the woman's boyfriend and showed him videotape of the woman having sex with Wallace. Parkhurst said both the boyfriend and the woman were surprised, and the woman told investigators that she never gave consent for the sex acts to be videotaped. Parkhurst said the woman reported the matter to Gibson County Prosecutor Rob Krieg. Krieg, the incumbent Republican candidate for re-election, contacted Judge Penrod to ask for a special prosecutor to avoid a conflict of interest.

Wallace announced his candidacy for Gibson County Prosecutor in the Democrat primary last fall. He was unopposed in the spring primary. He has a private practice and once had the contract as attorney for the City of Princeton in the 1990s. Last week he reported he received an award for providing more than 50 hours of free legal service and was the only Gibson County attorney honored for the service."
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Years ago I represented a woman who was picked up by an attorney who solicited her legal work while they sat in a bar. The attorney agreed to represent her in my client in her divorce and when she was unable to pay began to press her for sex.  The cl;ient secretly taped the lawyer saying he would reduce the balance of her outstanding fee, providing a menu of services he expected her to perform and the amounts by which the fee would be reduced.  The lawyer, in addition to his private practice was also the law director or assistant law director and prosecutor in multiple suburbs in and around OurTown.  

Obviously, the client was a troubled woman with a history of alcohol related problems.  As a child, the client had been sexually abused by her Step father, a notorious local attorney and (mentally ill) former Housing Court Judge, "Crazy Eddy Irishname."

Perhaps you can see why I feel so upset about this sort of exploitation.  I'm still up upset, I hope you will carry this torch, lawyers have certain powers and abilities to address these worngs and make changes that need to be made.

Thursday, May 27, 2010

Look at Kiddie Porn, Jeff Anderson Will Sue You!

The great Jeff Anderson, clergy sex abuse attorney par excellence is threatening to use a new federal statute--Masha's law, to go after you if you are looking at child porn according to a report at the Pioneer Press website.  This is an excerpt from the report by Emily Gurnon:

"A St. Paul attorney has vowed to track down and expose people who so much as open a computer file with child pornography as part of a new initiative designed to stop the sexual exploitation of children at its source. Jeff Anderson said he filed a civil suit in U.S. District Court this morning against former St. Paul schoolteacher and foster parent Gregg Alan Larsen and 100 as-yet-unnamed child pornography downloaders. Larsen, 49, of Minneapolis was indicted May 19 and charged with production, distribution and possession of child porn.

'If you choose to download images of child pornography, we will find you, we will track you and we will expose you,' Anderson said.

[Anderson] said his office is working with police, specifically the Minnesota Internet Crimes Against Children task force, to trail the digital footprints of downloaded material — whether it is viewed on a computer or a phone. He promised to send out press releases as the names of offenders who view and trade images are revealed and add their names to the lawsuit."
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People curious about this evil garbage need to know that the digital fingerprint of this stuff can not be scrubbed from their hard drives.  Worse, once seen it can not be unseen.  As I said I bumped into some of these images as part of child sex abuse civil prosecutions in police files.  Child porn is sick, disturbing, and soul destroying.  Never forget the face of Sean O'Toole, an attorney, who killed himself when Sean came to recognize who he became and what he contributed to when he downloaded kiddie porn.

Wednesday, May 12, 2010

Even Prosecutors and Pastors Get Caught with Child Porn

The St. Louis Post Dispatch has the report of the prosecutor and former municipal court judge caught downloading and viewing child pornography.  "Curiosity," is what George Richard "Dick" Fox termed his actions costing him a 2 year prison term.  Attorney Fox does not see what "harm" his activities caused. 

At the same website, there's the account of the former Pastor, Andrew Spalleck, (pic) who's off to the penitentiary for sharing child porn.

Bad Lawyer  has repeatedly explored this subject and the types of people caught up in prosecutions for engaging in production, possession, and dissemination of this material.  This is a victim-full crime.  A crime that can't be committed unless children are exploited.  But, something a good friend of mine said many years ago that I know to be true--when you "get away" with this crime you really never get away.  You take on darkness from the crime, it is with you at a seed level.  In my years of civil prosecution of child sex abuse, I came across some of this stuff in police files that became part of evidence in cases, and from witnesses and victims of child sex abuse.  This is terrible soul-killing stuff.

That any one's child, anywhere,  is exploited to produce this material should outrage all of us.

Wednesday, April 21, 2010

Father Gilbert Gauthe--How It All Began

I came across a story at the Beaumont, Tx Enterprise reporting on the release of the guy in the pic after a two year jail term in Galveston for not registering as the sex offender, that he is.  Why should we care?

The guy in the picture is Gilbert Gauthe, a former Louisiana priest and one of the first priests in US history to be prosecuted as a pedophile priest.  In 1985 following a lenghty scandal, investigation, and attempted cover-up by the National Conference of Catholic Bishops, Gilbert Guather was convicted of 34 counts of child molestation.  This is from the Enterprise article on the Guathe's release:

"Former Catholic priest Gilbert Gauthe, 64, who in 1985 was convicted on 34 counts of child molestation and possession of child pornography in a Louisiana case, was arrested by La Marque police in April, 2008. Gauthe was living in his recreational vehicle at Galveston State Park when police arrested him for failing to register. Before then, he was living in La Marque and driving for a limousine service."
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The Gauthe scandal was investigated by Jason Berry.   Jason Berry detailed the heroic efforts of Father Tom Doyle, who fully faced down the National Conference of Catholic Bishops (NCCB) and their hit man, Auxilliary Bishop A. James Quinn.  Bishop Quinn, a civil and canon lawyer, was an architect of the cover up of priest sex abuse scandals in the US.  Quinn was capable of any every loathsome act in his crusade to protect the Magisterium of the Church.  Quinn attempted to slime Doyle and Berry and really anyone critical of the Church.  If you're interested at all in how the Church finds itself where the Church  finds itself, read Berry's books!

When I practiced law in my prior life, I deposed Bishop Quinn and subsequently discussed evidence developed in connection with that discovery with Jason Berry, producers for 60 Minutes, and the investigators at  Boston Globe.  Yeah, OK that's a little bit of pride oozing out from under my hat.

The real heroes of the effort to reform the Church are people like Fr. Tom Doyle, Barbara Blaine of SNAP, David Clohessy of SNAP, Jeff Anderson, victims like Frank Fitzpatrick who came forward in the Father James Porter case, and so many nameless victims and others who had the courage to withstand the hatred of parishoners egged on by the likes of Bishop Quinn and the Red Mass militia.

The "Father Gilbert Gauthe case" is significant because it was the subject of the first 60 Minutes stories on priestly-child sex abuse in America.

So look closely at the picture of Father Gilbert Gauthe, his crimes are the crimes that toppled the very first dominoes.  In his way, Gauthe's crimes still resonate, louder and louder.