March 4, 2008

Award-winning Teacher with Child Porn Blames Addiction

This is not a California case, in fact it is not even an American case, but I wanted to discuss it, after seeing it reported on the Internet by News Star, in the U.K., because it highlights something I believe is too often overlooked by both prosecution and defense counsel in sex crimes cases: the pure addictive nature of this form of admittedly criminal behavior. Read the original article: Teacher had child porn
412026_preschool_hands-on_activities.jpg Stephen Burns, a 33 year-old recipient of the Bedfordshire school best teacher award, had no record of abusing children or acting inappropriately with children and was “well liked with a good teaching record, of good character,” with no record of anything, and he told the court he was filled with remorse.

As he described it, “I started searching the Internet for porn and came across websites with images of children . . . and became caught up in it and could not stop, even though . . . I could lose my job and go to prison.”

That is addictive behavior.

Turned in by his partner, Burns tried to justify his acts by claiming he tried to only download images of “children smiling, so they did not appear to be suffering.”

The court would have none of it, stating, “The children would not have been smiling . . . they would have been extremely distressed. You should be ashamed.”

Burns was sentenced for two years, suspended with probation, plus ten years as a required registrant on the Sex Offenders’ Register.

March 2, 2008

Internet Child Porn Puts Martinez Girls’ Soccer Coach in Federal Prison for 11 years

A former Wells Fargo vice president, Kenneth Gibson, was sentenced to 135 months by U.S. District Judge Martin Jenkins in an Oakland courtroom yesterday for exchanging more than 600 images of child porn over a two year period.
35522_wells_fargo_wagon.jpg Gibson choked back tears and apologized to the court, after the judge said to him, “ . . . there are real children significantly impacted by this.” Gibson’s lawyer, Robert Beles, said, “You’ve basically got a good man who went into a fantasy world. Other than that, he’s never done anything wrong in his life. There is no indication his is a pedophile. [italics mine].”

Gibson’s lawyer said that his client is “still searching for reasons why he entered that subterranean, perverted world of child-porn Internet.”

This case (Kenneth Gibson) is another illustration that we have entered a new age of thought police. No harm to another person need be proven. All the government has to show is that a person’s thoughts and fantasies involve children and sex, and that person was on the Internet. This case is similar to one I had last year in Hayward where a middle-aged man merely LOOKED at pictures of young girls on files he had downloaded, for which he was charged with several felonies. In that case, the FBI electronically traced the gentleman back to his computer and turned the evidence over to the Alameda DA, who sent the sheriff to make the arrest.

Continue reading "Internet Child Porn Puts Martinez Girls’ Soccer Coach in Federal Prison for 11 years" »

February 24, 2008

Child Porn: Feds Arrest Novato School Bus Driver In Courthouse

The FBI arrested a Novato, CA. school bus driver and den leader for the Boy Scouts as he entered a Marin County courtroom on state charges relating to the same crimes. Novato school bus driver facing federal pornography charges
655548_school_bus_red_light.jpg

The man, McGinnis Benedict, 52, was making a required appearance at a preliminary hearing for state charges brought for his having downloaded child porn on his lunch break at work and when his wife was asleep at night at home.

Benedict was already facing 25 felony counts for possessing child pornography in the state court when the Feds stepped in.

Use of the Internet for child porn is both a state crime and a Federal crime, carrying heavy penalties.

After the FBI arrested Benedict they asked Marin County to hold him in its jail until they can get him before a Federal judge in San Francisco. Then the feds will let him come back to Marin to face the state charges.

Benedict’s Boy Scout membership has been revoked.

February 22, 2008

Six Myths of Internet Sex Crimes

An article titled “Online Predators and Their Victims” appeared February 21, 2008, in the journal American Psychologist that identified the following myths:

Myth: Internet predators are driving up child sex crimes

Fact: Sexual assaults on teens fell 52% from 1993 to 2005

Myth: Internet predators are pedophiles

Fact: Internet predators target adolescents, not prepubescent children

Myth: Internet predators represent a new dimension to child sexual abuse

Fact: Most Internet-related offenses are essentially statutory rape: non-forcible sex with minors too young to consent Internet predators abduct or trick the victims

Fact: Three quarters of the victims have repeat sex with the predator and go to the first face-to-face meeting expecting to have sex

Myth: Internet predators pose online as teens in order to meet teens

Fact: 95% of predators do not pose as teenagers to meet teenagers

Myth: Internet predators go after any child

Fact: Internet predators target boys and girls of uncertain sexual orientation, often with a history of sexual abuse and risk-taking

February 19, 2008

Federal Child-Pornography Charges Following Internet Slave/Radio Talk Show Host/Former Catholic Priest Obeying Commands of Internet Dominatrix

Charges filed against radio talk show host Bernie Ward resulted from his obeying the dominatrix’ command to, “Send me some [pictures]; why haven’t I gotten any pics, slave?” Judge unseals indictment against Bernie Ward
In response, the popular talk show host promptly obeyed with a picture of a naked boy sitting between a topless woman and a clothed young girl. This picture prompted the dominatrix to contact the Oakdale, CA. police, telling them that the former priest had also emailed her messages about group sex at a San Mateo porn theater.

The Oakdale police contacted the FBI and a federal grand jury indicted Ward on two counts of possessing and distributing child pornography using the Internet.

Ward’s business attorney, Jeannette Boudreau, said, “The authorities have been in possession of these messages for three years. Bernie was only just indicted in December [2007]. There is no doubt in my mind that they would have allowed Bernie to conduct his family and work life as usual for all that time if they believed the content of the messages to be factual.”

This is just another illustration that you are completely, 100% exposing yourself to any possible claim on the Internet. Remember, when it comes to child porn and the Internet you do not have the same rights and privileges under the law as defendants do for other crimes. I write more about this at www.sexcrimescounsel.com