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Old 12-03-2009, 11:21 PM   #1
bmdbley'sBro
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Arrow vid - 22year old going to prison for downloading pr0n



says he limewired some pron, they turned out to be undeage clips/ child pron. he says he immediately deleted em..
but 1 year later - knock knock.


Quote:

'Accidental' Download Sending Man To Prison

22, said he was surfing for pornography two years ago on Limewire -- a fire sharing application that allows users to trade music, movies, games and pictures -- when he discovered that some of the files he had downloaded were images of children.

Matt claims he quickly erased the files.

"It didn't appeal to me," he said. "I was looking for women my age, so I just wanted to download 'College Girls Gone Wild' and accidentally downloaded underage pornography."

About a year later, FBI agents showed up at his family's home. The family agreed to let agents examine the computer, (*they allowed the search 'nothing to hide' ) and at first, they couldn't find anything.

Investigators later were able to recover the deleted images from deep within the hard drive.

"I asked them, 'Where did you get that? I don't remember that.' I asked them, 'Could I access that if I wanted to?'" Matt said. "They said no."

Facing 20 years in prison for possessing child pornography, Matt is pleading guilty on the advice of his public defender in hopes of getting a three and a half year sentence. He will also serve 10 years probation and have to register as a sex offender for the rest of his life.

Video
LiveLeak.com - 'Accidental' Download Sending Man To Prison

creepy if u believe him, cause think of all the jailbait pics floating around
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Old 12-03-2009, 11:35 PM   #2
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if it's as weak a case as it sounds, i don't understand why he would plead guilty. If it's true, and it truly was accidental, then i would personally take my chances and fight it to the death.
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Old 12-03-2009, 11:43 PM   #3
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Oh ya? and do you have all the money in the world to fight it to the death? Do you know how much that costs to take it to court and fight it?

there are other cases as well where people got their computer hacked with viruses and they got child porn on their machines.. and to fight it, you need to spend millions of dollars to have your computer scanned and rescanned, etc. ****ed up shit. man. and the shit thats ****ed up the most is that they go after the average joes. why? how does destroying this kids life got anything to do with the law? but nope, because he cant pay to play the game in "court" hes guilty.

this family is probably broke cant afford a real lawyer, and have to go with a public defendant WHO probably got the case A DAY BEFORE THE ****ING HEARING and now has to defend this kid.. SO of course he took the easy option because he wont be able to win in court without having any time to plan for it.

cant believe this kids going to jail.

AND did those FBI agents even have warrants?? LOL so if they had just told the FBI agents to get lost, would they even have been able to get WARRANTS to take his computer? Probably not.
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Old 12-03-2009, 11:47 PM   #4
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I like how they say "if you find you accidentally downloaded child porn contact the authorities"

OH RIGHT ya turn your self in..

How about if your accidentally download child pornography, FIRST do a deep format of your hard drive. Then DRILL A ****ING HOLE THROUGH YOUR HARD DRIVE, THOW IT OFF YOUR BALCONEY AND make sure every disk is shatered. Actually take it apart if you can and destroy every disc individually, then THROW IT IN YOUR NEIGHBORS GARBAGE BIN.

Oh ya and dont use public p2p networks.
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Old 12-03-2009, 11:58 PM   #5
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Quote:
Originally Posted by chromius View Post
if it's as weak a case as it sounds, i don't understand why he would plead guilty. If it's true, and it truly was accidental, then i would personally take my chances and fight it to the death.
well it would seem they're taking the 'we're good citizens/people' with 'nothing to hide', throwing himself at the mercy of the courts. he's 'maning up' being 'responsible for his actions' etc
I mean its what his public Defender said to do & their a Lawyer!

he did break the law downloading it, right?

--

I saw an interview from tommy chong, while doing 9 months in jail for his bong biz.
he said (in that docu he was in) that statistically the people that Fight get the longest sentences! those that plead out get the least.

oj simpson- over 2mill for his lawyers? bankrupt.
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Old 12-04-2009, 12:04 AM   #6
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oh ya the system in the states is ****ed. But its not much different here either. The wrong people get away all the time, while once in a while the good get ****ed up.

I wonder how they tracked that to be honest. Did they bust the guy who hosted the child porn and find the IP addresses on his computer, or through his ISP? It only makes sense that after a year they would come and knock on his door.
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Old 12-04-2009, 01:50 AM   #7
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poor guy, but how did they tracked the file on his pc tho...
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Old 12-04-2009, 02:04 AM   #8
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why would you download pr0n on limewire anyway!?
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Old 12-04-2009, 08:52 AM   #9
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Originally Posted by sirex View Post
Oh ya? and do you have all the money in the world to fight it to the death? Do you know how much that costs to take it to court and fight it?
If I didn't, then that's what public defenders are for. It's completely free to say "Not Guilty". No way am I gonna admit to a crime I didn't commit, and be labeled as a sex offender for the rest of my life. Pleading guilty really hurts any chances for an appeal too.

Would you admit to it, just because it's "too hard" to fight it?
Quote:
there are other cases as well where people got their computer hacked with viruses and they got child porn on their machines.. and to fight it, you need to spend millions of dollars to have your computer scanned and rescanned,
No it's not millions of dollars. Not even close actually. Regardless though, in this case it's free because the cops have already done the forensics work, and they would have to disclose that information to the defendant.
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etc. ****ed up shit. man. and the shit thats ****ed up the most is that they go after the average joes. why? how does destroying this kids life got anything to do with the law?
I agree, it is ****ed up. I don't think it's right at all. But when something's not right, you don't just throw up your hands and admit to it. You fight for what's right.

Quote:
but nope, because he cant pay to play the game in "court" hes guilty.

this family is probably broke cant afford a real lawyer, and have to go with a public defendant WHO probably got the case A DAY BEFORE THE ****ING HEARING and now has to defend this kid.. SO of course he took the easy option because he wont be able to win in court without having any time to plan for it.
If the case is as cut and dry as the story makes it out to be, I don't think it would be a terribly difficult case to win. So why the lawyer said to plead guilty is beyond me. Unless of course we're missing a piece of the story.
Quote:
AND did those FBI agents even have warrants?? LOL so if they had just told the FBI agents to get lost, would they even have been able to get WARRANTS to take his computer? Probably not.
Story doesn't really have enough info to know for sure. But obviously there was evidence that led them to this kid's house in the first place, so they probably could have gotten warrants. But who knows, there's too much info missing from the story. Like how the police got his name, and why was it a year or two years later?
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Old 12-04-2009, 09:14 AM   #10
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Originally Posted by bmdbley'sBro View Post
well it would seem they're taking the 'we're good citizens/people' with 'nothing to hide', throwing himself at the mercy of the courts. he's 'maning up' being 'responsible for his actions' etc
I mean its what his public Defender said to do & their a Lawyer!
The world is not as black and white as you make it out to be. If you're innocent, you don't "man up" and plead guilty. That doesn't make any sense.

Quote:
he did break the law downloading it, right?
Actually, in many legal definitions he didn't. A large part of criminal law involves proof of mens rea. Or intent. Usually guilt of a crime can't be proven beyond a reasonable doubt unless you can prove mens rea (ie. actually knowingly committing the crime).

In this case, the onus is on the prosecutor to prove that the kid actually went out on the internet actively searching and downloading child porn. Which if the story is correct, would be pretty hard to prove.
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Old 12-04-2009, 09:51 AM   #11
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limewire FTL
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Old 12-04-2009, 11:15 AM   #12
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Chromius, do you know how the court system works at all? Im no lawyer, but you dont seem to understand the basics.

First, it doesn't matter what you plead. Guilty, Innocent, Gay, Bisexual, WHATEVER it is you plea, it dont ****ing matter.

Do you know why it doesn't matter? Because it has to be proven in court. What is going to happen in court if you plea INNOCENT?

This is whats going to happen:

The crown, or the prosecution, is going to rip you a new asshole. THEY HAVE EVIDENCE THAT IT IS ON YOUR PC.

THEREFORE YOU ARE GUILTY OF POSESSION.

However, the only thing you might be able to prove is that you DID NOT HAVE INTENT to have possession. Then you call in all your friends and family and talk about how youre a good person and youre not sexually deviant, blah, blah.

But still the prosecution hints on the fact that
A) YOU WERE LOOKING for porn on limewire. YOU SAY you were looking for normal porn, but instead you got child porn. huh okay. Prosecution tears you a new asshole here.

B) The porn was FOUND ON YOUR COMPUTER.

Youre the one that is putting it in Black and White. A public defendant is rarely up to speed on any case and rarely has the time to prep for your case. Go sit in any court case in which there is a public defendant VS. a good crown lawyer, or a payed lawyer, and you will see the difference is miles.

Could he fight it? could he prove that that was not what he wanted to download? Maybe I dont know. Maybe he could show the judge how easy it is to change the names of files so that you are thinking you are Getting A and instead Getting B and all of a sudden that makes you a pedo? Its ****ed up shit if the judge passes punishment on this kid. I want to see how it turns out. MAybe with his plea bargain he will get off, or maybe the judge will not even bother and just go with the what ever the plea is.
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Old 12-04-2009, 11:38 AM   #13
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lol.... limewire. What a moron.
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Old 12-04-2009, 11:40 AM   #14
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Quote:
Originally Posted by sirex View Post
Chromius, do you know how the court system works at all? Im no lawyer, but you dont seem to understand the basics.

First, it doesn't matter what you plead. Guilty, Innocent, Gay, Bisexual, WHATEVER it is you plea, it dont ****ing matter.
Yes I do understand, but obviously you do not. There is a huge difference between pleading guilty, and pleading innocent. It DOES matter. Pleading guilty means you are removing the burden of proof from the prosecutor, and essentially giving up your right to trial (I thought you liked exercising rights?). It means the prosecutor no longer has to provide evidence of your crime.

By pleading guilty, there is also no guarantee that you get a reduced sentence, it's left up to the sentencing judge.

Quote:
Do you know why it doesn't matter? Because it has to be proven in court. What is going to happen in court if you plea INNOCENT?
Well, yes....that's the point of a court system

However, the burden of proof is on the prosecutor, not the defendant. But by pleading guilty, proof is no longer required.

Quote:
This is whats going to happen:

The crown, or the prosecution, is going to rip you a new asshole. THEY HAVE EVIDENCE THAT IT IS ON YOUR PC.

THEREFORE YOU ARE GUILTY OF POSESSION.

However, the only thing you might be able to prove is that you DID NOT HAVE INTENT to have possession. Then you call in all your friends and family and talk about how youre a good person and youre not sexually deviant, blah, blah.

But still the prosecution hints on the fact that
A) YOU WERE LOOKING for porn on limewire. YOU SAY you were looking for normal porn, but instead you got child porn. huh okay. Prosecution tears you a new asshole here.

B) The porn was FOUND ON YOUR COMPUTER.
First off, the file was deleted. Second, prove the kid was the one downloading it, third, prove he intended to download child porn. There are plenty of other points you could use to argue your case. But for the prosecutor to prove those three points would be very hard with such a small amount of weak evidence as ONE deleted file from a couple of years ago that had a deceiving name. Burden of proof is on the prosecutor, and he has to prove it beyond a reasonable doubt.

Quote:
Youre the one that is putting it in Black and White. A public defendant is rarely up to speed on any case and rarely has the time to prep for your case. Go sit in any court case in which there is a public defendant VS. a good crown lawyer, or a payed lawyer, and you will see the difference is miles.

Could he fight it? could he prove that that was not what he wanted to download? Maybe I dont know. Maybe he could show the judge how easy it is to change the names of files so that you are thinking you are Getting A and instead Getting B and all of a sudden that makes you a pedo? Its ****ed up shit if the judge passes punishment on this kid. I want to see how it turns out. MAybe with his plea bargain he will get off, or maybe the judge will not even bother and just go with the what ever the plea is.
Regardless of whether the public defendant is good or not, is that a reason to give up and plead guilty? I don't think so. If you want to plead guilty to a crime you didn't commit then be my guest. But I certainly wouldn't.

I find it ironic, that through all these threads where you're concerned about rights and how our rights are being stripped etc, that you would be arguing for this kid to take the easy road and give up and plead guilty to a crime he didn't commit. One of the most basic fundamental rights we have in this world is the right to a fair trial.
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Old 12-04-2009, 11:42 AM   #15
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^^^ Chromius is actually right. I don't think you realize the basics of the criminal code or justice system.

A crime = BOTH mens rea and actus rea. As chromius said, the crown would not be able to prove mens rea judging by the story. Doesn't matter if they actually found it on his computer (the actus rea), the won't be able to prove intent/his willingness to go out and find it, the "guilty mind" (actus rea).

The prosecution can tear him a new one all they want for wanting to look at normal porn...last time I checked it wasn't against the law (unless you're trying to say there gonna build up a profile for him being sexually deviant or w/e, which still won't work b/c of the lack of mens rea).

Simply he was stupied for pleading guilty, seems like he was probably pressured/persuaded into it.
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