Child Porn Victory

State v. T.J.

 

In 2006 the Defendant’s then wife went to the police station and reported that her husband was cruising websites showing child pornography.  The police seized the computer and found said pornography.  A divorce ensued, now ex-spouse retained control of the family home and their relatively modest assets.  There was a prepubescent stepdaughter also in the home.   The now ex-wife stated she did not have access to that computer.  

 

As the police would not release a forensic copy of the hard drive for investigation, my expert and I travelled to the Maine crime lab in the spring of 2007 to view the computer.  We discovered that within an hour after the wife had been to the police station that the computer and these websites had been accessed.  There would have been some testimony that my client may have been out of the home at that time.  We also discovered distinctive photographs that appeared to be both personal and to have no association with my client.  We could not definitively determine the origin of the photographs.  That’s what we had going into the eve of the first trial.

 

On the night before the first trial it was disclosed that there was a second computer and that there were emails on the seized computer suggesting that the ex did have access.  Although we had already picked a jury and the trial was scheduled to start the next morning it was obvious we should have access to the second computer and a chance to examine it.

 

There were initially two issues upon exam of the new computer:

1.        Was there a trail that would explain how certain AOL emails which appeared to originate from the couple’s common email address and which were clearly from/to the ex-wife appeared on his computer consistent with her earlier statement that she had no access to his computer.

2.       Would we find anything else interesting.

 

The ex wife’s  computer was obtained in late August 2008- over two years after the initial report of the child pornography.  We obtained a forensic copy of the hard drive.  We picked a second jury and then my computer expert found-among other things- that the new computer had been wiped clean with special software about the same time that the police were requesting access to it from the ex.  The second thing that was very interesting was that someone had been using the second computer as recetly as August of 2008 to access very similar sites to the ones my client was accused of cruising.  My client had been out of the home for well over a year at that point.

 

We submitted the expert report on Wednesday of the week before trial pursuant to a court order.  The DA dumped the case the Monday of the week of trial.

Comments

[elliptical reviews]

No offense, but i suggest admin adding a google+ button for easy share!

[North Face]

Xu immediately lay down their hand notes, come out from behind the counter, look calm and

[tomebaden]

This is a great story, I know ex's are always trying to get men caught up on this pedophile crap, by planting evidence, caoching children lying etc..

I am the last person to advocate for child molesters, but this whole child porn issue is strange because most child porn that falls withing the definition is self-produced and self published teenage exhibitionism. I am glad there are attorneys out there skepticle enough to investigate like this. A public defender would probably have told him to take a deal.

I don't think there are nearly as many pedophiles out there as it appears, honestly, I think a great deal of these storyies are lies.

[Mark]

You seem to have caught a break with the continuance being granted to allow the examination of the second computer. In Texas, the granting of a continuance is "within the sound discretion of the trial court," and being elected officials (and usually ex-prosecutors), judges are loath to assist the defense in kiddy porn cases.

[letsgetreal]

I gusee that's what happens when you have money to hire a good lawyer.

My ex set me up in California in 1987.

I was sent to the L.A. County jail where I was put into a very maximum security area. 6 men in a 4 man cell. It didn't take long for them to set me up. I got one hell-of-a beating. Spent a few weeks in the infirmary to heal, then was sent to court. I tried to fire my P.D. but the hudge told me to sit down and shut up. I had no choice but to plead guilty. So, I did. 6 years and 8 months of walking the mainline, I was released. Homeless, within two years I had my own business with 6 employees.

Laws were passed. Exposure through the online internet caused me to go out of business. Oh yes, I bought and sold a couple of houses. I remarried after moving to Oklahoma. I became disabled and couldn't work.

When I arrived I only had to register once per year for 10 years. Now thanks to the Adam Walsh Amendment, I have to register every 90 days for LIFE.

I now run www.cfcoklahoma.org with my wife and Ricky and his mom. See his story here rickyslife.com. And do please visit our site.