California Criminal Defense Lawyer Blog

Alex Kern, 39, former San Mateo County auditor in Redwood City, CA, who was caught with over 4,000 child pornography images on a county-issued laptop, is going to prison.

This office has received two FBI Internet porn cases recently, and this works is how it seems to work: The FBI the initiates the matter by use of Internet technology such as Internet “cookies.” They turn over the evidence to a locals0, such as the San Mateo DA, and let him do the work. Or, more commonly lately, the FBI turns the evidence over to Homeland Security or other enforcement branch with financial resources and then brings the case(s) before a federal grand jury .

Kerr had no criminal record and had pleaded for probation or at least county jail time, as opposed to prison time. He has a 14-year old daughter and an 11-year old son, he has expressed severe remorse, he is at low risk to re-offend according to is probation report, and he has just been served with divorce papers by his long-term wife.

Still, this being San Mateo County—the man got 16 months in state prison. Plus, he has the certainty of a very difficult time when he is released, as permitted by California’s sex predator laws, aside from his likely life-long federal obligations.

Posted by Douglas R. Slain | Permalink | Email This Post

Posted In: Bay Area Cases , California Cases , Federal Crimes , Internet Sex/Porn , Sex Crimes

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The Justice Department has seldom prosecuted or even identified clients of prostitution for a number of years, in an unusual admission to a New York Times' reporter. Read the original article: U.S. Defends Tough Tactics on Spitzer

Today's Times front page carries a story that includes interviews with Justice Department officials who are having a hard time denying that Spitzer has been treated differently than almost any other prostitution defendant in decades.

In defending its position, the Department stated that the F.B.I. now has roughly 450 ongoing prostitution investigations, but could not deny that they all involve large enterprises and circumstances different than in Spitzer's case.

The Times' story also revealed that the federal agency charged with monitoring statistics for federal prosecution does not bother to keep statistics because "it's really not a crime we prosecute," a Justice department said.

According to an affidavit signed by the F.B.I., Spitzer proved to be "easy prey."

Speaking of our government and sex, the same Times front page carries a story involving the frequency of U.S. Customs agents using "green card threats" to obtain sex from vulnerable immigrants.

It will be interesting to see how those agents who have been caught get charged and sentenced; I will keep you posted.

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Posted In: Celebrity and Odd Ball , FBI , Federal Cases , Federal Crimes , Sex Crimes

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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.
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" »

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Posted In: Bay Area Cases , California Cases , Child Pornography , Federal Cases , Federal Crimes , Internet Sex/Porn , Internet Stings , Sentencing , Sex Crimes

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The February 2008 issue of the ABA Journal has an interesting article entitled, The End of the Net Porn Wars.

Remember adult pornography being some serious crime? Forget about it. The government isn’t watching any more, and no one is getting prosecuted.

The latest revenue figures for the industry are $2.84 billion in 2006. Technology moves faster than legislation, the money is gushing in, and few prosecutors want to bother with adult porn.

When Alex Acosta, interim U.S. Attorney for the Southern District of Florida, tried to assign pornography cases to members of his staff, complaints to the Associated Press were made along the lines that the young prosecutors were “stunned” that they should be asked to prosecute adult porn.

Clyde Dewitt, an LA lawyer who represents adult industry producers and performers, “[Prosecutors] have gang activity, fraud, organized crime, drug cartels . . . nobody wants resources redirected to dirty movies. Whoever gets that assignment is the laughing stock of the department.”

All this reminds me of my days as a mom and pop ganja growers’ defense lawyer in Humboldt and Mendocino counties.

In both cases people are making large sums of money engaged in activities that many others do not engage in because they believe these activities are crimes.

In both cases, ungrounded fear of criminal consequences both lowers supply of product or services and drives up prices.

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Posted In: Federal Crimes , Internet Sex/Porn , Sex Crimes

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Today’s Academic Newswire has a fascinating review of a new study entitled, “Online Predators and Their Victims: Myths, Realities and Implications for Prevention.”
Guess what? It is the same old thing: young guys hit on young girls, and some young guys hit on younger girls. Except now they do it a lot on the Internet. And except now it is a http://www.sexcrimescounsel.com/lawyer-attorney-1278040.htmlcrime—an actively prosecuted crime in fact.
Why else is this interesting? Because, contrary to common belief and contrary to what many legislators apparently want us to believe: “MOST ONLINE SEX OFFENDERS ARE YOUNG MALES WHO TAKE THE TIME TO DEVELOP THEIR VICTIMS’ TRUST AND CONFIDENCE.” They are NOT pedophiles posing as young men to lure their victims. They are young men of legal age.

The victims are young girls, not yet of legal age, who have begun seeing the relationship in romantic and then sexual terms. Same old, same old

Lead author of the study, Janis Wolak, said, “ Most Internet-initiated sex crimes involve adult men who are open about their interest in sex. In most cases, the victims are aware that they are talking to adults.”

Among other interesting findings:

Nearly 75% of sex crime victims who met offenders face to face did so more than once
Girls who engage in 4 or more risky online behaviors—such as discussing sex online and allowing strangers to join their buddy lists—are much more likely to be victims of sex crimes
Gay boys are most susceptible to Internet sex crimes, accounting for almost one-quarter of criminal cases

The study concluded:

“Internet sex crimes involving adults and juveniles more often fit the
model of statutory rape—adult offenders who meet, develop relationships
with, and openly seduce underage teenagers—than a model of forcible
sexual assault or pedophilic child molesting.”

In other words, another example of why the Adam Walsh Act should be scrapped.

For a full look at this excellent study, go to Online "Predators" and Their Victims: Myths, Realities, and Implications for Prevention and Treatment

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Posted In: Adam Walsh Act , Falsely Accused , Federal Crimes , Internet Sex/Porn , Sex Crimes

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In an important decision handed down on Wednesday, February 20, 2008, the U.S. Supreme Court—in a new pro-defendant twist on federalism—ruled that state courts may retroactively apply new constitution developments benefiting defendants, even if federal courts could not do so.

Years after a Minnesota man, Stephen Danforth, was convicted of sexually abusing a child in 1996, and after his conviction became final on appeal, he went back to court seeking the benefit of a 2004 Supreme Court decision that enhanced the right of defendants to confront their accusers in open court. The six-year old child had given a videotaped interview rather than appear in open court.

The court’s 7-2 decision opens the way for convicted child abusers to challenge their convictions by cross-examining accusers.

Danforth is currently serving a 26 year term.

To read the full opinion, see Danforth v. Minnesota, No. 06-8273

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Posted In: Federal Cases , Federal Crimes , Sex Crimes

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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

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.

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Posted In: Bay Area Cases , California Cases , Child Pornography , Federal Crimes , Internet Sex/Porn , Internet Stings , Sex Crimes

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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

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Posted In: Child Pornography , Federal Crimes , Internet Sex/Porn , Internet Stings , Sex Crimes

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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

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Posted In: Bay Area Cases , California Cases , Celebrity and Odd Ball , Child Pornography , FBI , Federal Crimes , Internet Sex/Porn , Sex Crimes

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The Kentucky Attorney General is proposing new legislation dealing with Internet sex crimes, which state legislators have promised to enact. Attorney General Conway & Representative Bell Introduce Cybersafety Legislation

Law enforcement will be permitted to use “specially trained or non-sworn personnel” for online stings.

Prosecution of the 350 Kentucky registered sex offenders who have been removed by MySpace and Facebook will be enabled.

Online identities of offenders will be included in their state sex registry record - bringing Kentucky into compliance with the federal Adam Walsh Child Protection and Safety Act.

Amends the state’s stalking statute to include cyberstalking.

In addition to its self described “cybersafety legislation,” the Attorney General’s office has pledged to create an Internet Crimes Unit.

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Posted In: Federal Crimes , Internet Sex/Porn , Internet Stings , Sentencing , Sex Crimes

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I just learned of another over-the-top law affecting those deemed to be sexual predators, this time an ordinance approved on February 12, 2008 by the Fort Walton Beach, Florida, city council.

The ordinance makes it illegal for registered offenders to attend cultural affairs, recreation centers, and city parks within the city limits; they may no longer enter such facilities as the Indian Temple Museum or the Tennis Center.

This ordinance was written after a stricter law discussed in 2007 was deemed unenforceable by the police; it would have make it illegal to live within 2000 ft of “wherever children gather”—usually something of a moving target.

One city council member summed up the council’s attitude: “The other benefit of the public realizing these are predator-free areas is just as important as he predator not being there at all.”

My take on this?

Florida state law is more than sufficiently draconian already.

For just one reference to all the reasons such legislation is counter-productive (aside from being mean-spirited), see “No Easy Answers: Sex Offender Laws in the U.S.”—published by Human Rights Watch in September 2007. I refer you to the following language from that study:
“Laws aimed at people convicted of sex offenses may not protect children from sex crimes but do lead to harassment, ostracism and even violence against [them]; politicians didn’t do their homework before enacting these sex offender laws. Instead, they have perpetuated myths about sex offenders and failed to deal with the complex realities of sexual violence.”

Posted by Douglas R. Slain | Permalink | Email This Post

Posted In: Adam Walsh Act , Federal Crimes , Sex Crimes

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