Saturday, September 14, 2013

IN - US v. Hodge, Court of Appeals, 7th Circuit 2013 - Google Scholar

Original Article

Diigo Post Excerpt:
_____ pleaded guilty and was sentenced to 1380 months' imprisonment for multiple child pornography offenses. During his sentencing hearing, he offered testimony in mitigation from psychiatrist Dr. Louis Cady. The district court discussed some of Cady's findings in explaining the sentence imposed, but neglected to mention other findings, most notably Dr. Cady's contentions that _____'s history of sexual and psychological abuse as a child contributed to his decision to commit his offenses and that _____ was unlikely to reoffend. _____ claims that the district court's alleged failures to address adequately these arguments constitute procedural error. We disagree.


PA - Commonwealth v. TRIFIRO, Pa: Superior Court 2013 - Google Scholar

Original Article

Diigo Post Excerpt:
This case is a direct appeal from judgment of sentence. Appellant raises claims involving the sufficiency and weight of the evidence. We affirm.

Appellant was convicted of a sex-related offense in Ohio.[1] He was sentenced in June 2010. Shortly after his sentencing, Appellant submitted paperwork with Ohio and/or Pennsylvania authorities to transfer his probation/parole supervision from Ohio to Pennsylvania. Thereafter, he underwent an intake process in Pennsylvania. The trial testimony indicated that, during his intake process, he was given verbal and written instructions to report to the State Police barracks in Uniontown, Pennsylvania to register under "Megan's Law within twenty-four hours." N.T., 02/05/13, at 17.


MS - Mora v. WARDEN FCC COLEMAN-LOW, Dist. Court, SD Mississippi 2013 - Google Scholar

Original Article

Diigo Post Excerpt:
This matter is before the court on the Petition for Writ of Habeas corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner _____ concerning the terms of his sentence, which he asserts are based on incorrect information contained in his Presentence Report ("PSR"). _____ has filed several motions contesting his classification as a sex offender. He claims that he has a liberty interest in his prison classification and, therefore, must be afforded a due process hearing so that his sex offender status can be eliminated. In addition, _____ has moved for summary judgment and for the court to construe his petition under 28 U.S.C. § 2201. In response, the Government argues that the Petitioner's classification does not affect the duration of his confinement, but rather is a condition of his confinement and, therefore, does not entitle him to habeas relief. The Government contends that the Petitioner has failed to provide a sufficient basis for a due process hearing and further, that res judicata bars his claims. Having considered the record, applicable law, and submissions of the parties, the undersigned is of the opinion that _____'s habeas petition should be denied.


IL - Carter v. Illinois Dept. of Corrections, Dist. Court, SD Illinois 2013 - Google Scholar

Original Article

Diigo Post Excerpt:
Petitioner is currently on mandatory supervised release ("MSR") after having served the required portion of his 20-year Illinois sentence for home invasion. He brings this habeas corpus action pursuant to 28 U.S.C. § 2254 to challenge the execution of his MSR term, including the determination that he should be subject to special conditions of parole due to his labeling as a sex offender.[1] The petition was filed on August 8, 2013.

Petitioner was convicted of home invasion after a jury trial in 2002, in Adams County Case No. 01-CF-458.[2] The jury found him not guilty of four counts of sex offenses (Doc. 1, p. 2). He is subject to a three-year period of MSR. Upon his release from Pinckneyville Correctional Center ("Pinckneyville"), it was determined that he would be designated as a sex offender, despite the fact he had not been convicted of any sex crime. Because of this, he was ordered to wear an electronic monitor and a GPS unit at all times while he is on MSR (Doc. 1, p. 9).


TX - Cronin v. US, Dist. Court, ND Texas 2013 - Google Scholar

Original Article

Diigo Post Excerpt:
Cronin pled guilty to possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) pursuant to a written plea agreement and factual resume. On February 1, 2012, the Court sentenced Cronin to a below-Guidelines term of 60 months imprisonment. Cronin did not file a direct appeal. Instead, he filed this timely motion under 28 U.S.C. § 2255.

In a single ground for relief, Cronin contends that he received ineffective assistance of counsel because his attorney advised him that he was eligible for sex offender treatment while in prison and counsel therefore could not — and did not — request a downward departure under 18 U.S.C. § 3553(a)(2)(D).


MA - JOHN DOE vs. SEX OFFENDER REGISTRY BOARD

Original Article

Diigo Post Excerpt:
A brief summary of the facts are as follows. On November 1, 2003, Doe, a forty-one year old man, sexually assaulted a fourteen year old girl outside of the home of his girlfriend. The victim was an acquaintance of the girlfriend's daughter and known to Doe. The next day the police arrested Doe. On May 6, 2005, Doe pleaded guilty to one count each of indecent assault and battery on a person fourteen or over (G. L. c. 265, § 13H) and enticement of a child under the age of sixteen for the purpose of committing a crime (G. L. c. 265, § 26C). In 1993, Doe also was alleged to have engaged in a sexual assault offense. Doe, working as a home health aide, allegedly performed fellatio on a nonverbal and nonambulatory ninety-one year old man. He was found guilty, but the conviction was overturned and at retrial he was acquitted of the charge.


NH - Former TSA worker (Miguel Quinones) indicted on child porn charges

Miguel Quinones
Miguel Quinones
Original Article

09/13/2013

By Doug Ireland

BRENTWOOD - A former top officer with the U.S. Transportation Security Administration has been indicted on 20 child pornography charges after items were seized from his locker at Manchester-Boston Regional Airport.

Miguel Quinones, 38, was recently indicted by a grand jury in Rockingham County Superior Court on 10 counts of possession of child pornography and 10 counts of attempted possession of child pornography.

A video and more than 1,000 images of child pornography were found on Quinones’ personal laptop computer and three thumb drives stored in his airport locker, Londonderry police Lt. Timothy Jones said.

Quinones was arrested in June following an investigation that lasted more than a year, according to Sgt. Thomas Grella, commander of the New Hampshire Internet Crimes Against Children Task Force.

Quinones was a lead transportation security officer who had worked for the federal agency since August 2002, TSA spokeswoman Ann Davis said. Quinones was suspended without pay in January, she said.

The charges against Quinones are felonies each punishable by seven and a half to 15 years in prison.


MO - Jeffrey Dean Moreland, former Mo. police officer, found guilty of woman's murder

Jeffrey Dean Moreland
Jeffrey Dean Moreland
Original Article

09/13/2013

By Iris Carreras

HARRISONVILLE - A former western Missouri police officer has been convicted of killing a woman who was sexually assaulted, shot in the head and left in a bathtub at her home.

CBS affiliate KCTV reports Jeffrey Dean Moreland, 54, was found guilty of first-degree murder and armed criminal action by a Cass County District jury Thursday and was sentenced to life in prison plus 50 years.

Moreland was accused of killing 30-year-old Cara Jo Roberts in November 2008 at the Harrisonville home she shared with her husband and their 2-year-old son.

The Kansas City Star reports assistant county prosecutor Jamie Hunt told jurors the killing amounted to an execution.

Prosecutors said DNA evidence tied Moreland to Roberts' death as well as separate Harrisonville rape and the killing of a 75-year-old Kansas City woman. Moreland also faces charges in the other two cases.

Moreland reportedly worked as a cop in Grandview from 1984 until he retired in 2005


MO - St. Louis play brings sex offender debate to new stage

Lee Blessing's Lonesome Hollow
Original Article

09/13/2013

By Jesse Bogan

ST. LOUIS - While sex offender laws continue to be debated throughout Missouri — at the state Capitol, in lawsuits and media — now comes “Lonesome Hollow,” a play about a town in the near future where sexual predators are held indefinitely.
- In the future?  The "future" is now!

The performance is billed as an exploration of how far society is willing to go to keep children safe.

Lee Blessing (Wikipedia), who wrote the play, describes the message as “sinister and disturbing, but really not that far from reality.”

Indeed, the federal government and 20 states, including Missouri, have laws on sexually violent predators that hold some offenders indefinitely in mental health facilities after they have finished prison sentences because they are deemed too likely to commit future crimes.

In the play, as in real life, there aren’t easy answers. Uncomfortable, thought-provoking questions are raised about constitutional rights and offenders who have committed heinous crimes.

But Blessing, 63, of Los Angeles, said he takes the issues further than reality in an attempt to get audiences to “think about where certain societal tendencies could lead.”

For example, nobody seems to care that medical professionals at Lonesome Hollow conduct psychological experiments on throwaway residents.

The play also questions the line between what’s considered pornography and art, and who decides.

You have both sides of the argument,” said Robert Ashton, director of the local performance. “It’s a good drama.”

The play will be the West End Players Guild première of its 103rd season.

If the first full rehearsal was any indication Wednesday night, audiences won’t know what to think when it’s over. Each character is flawed and goes too far, including a sexual predator who will clearly reoffend if freed from the fictitious town.

Beth Graveman, one of five actors in the play, assured that “nothing like this has been done in St. Louis.”

But she doesn’t expect her family to attend this one. There is adult content, and it’s a challenging topic.

It’s obviously not light entertainment, but it is thought-provoking,” said actor Mark Abels.


VA - FBI admits to exploiting Tor to take down child porn behemoth

FBI Logo
Original Article

09/13/2013

The Federal Bureau of Investigation has acknowledged it was behind the malware that infiltrated the servers for Freedom Hosting, one of the largest providers of anonymity online, and identified the service's users.

Internet security experts have long suspected the FBI was behind the cyber-attack, which appeared to target and monitor internet users on Freedom Hosting, which provided hosting for even more anonymous, so-called “hidden services” on the Tor anonymity network. While some users signed up with Freedom Hosting to encrypt their email and everyday Internet use, the FBI alleges that the service became “the largest facilitator of child porn on the planet.”
- Or so they say!  We know the government doesn't like people protecting their right to privacy and love to monitor people via the NSA and other organizations.  We know they have ran child porn sites themselves, so we wonder if they are the ones who helped child porn spread?

_____, a US-born 28-year-old living in Dublin, Ireland, is accused of being the chief architect behind Freedom Hosting, responsible for hosting child porn on 550 servers throughout Europe. Freedom Hosting is also accused of providing services for money-laundering operations, fraud fronts, and child abuse discussion boards with names like Lolita City and PedoEmpire, according to The Independent.

_____ is wanted in the US for four charges in connection with images on the websites, described as brutal depictions of the rape and torture of underage children.

The FBI’s involvement was acknowledged for the first time Thursday during a bail hearing in Dublin, where _____ is fighting extradition to the United States. He was denied bail for the second time since his arrest in July.

Investigators have not commented on the case but local press accounts reported that FBI Supervisory Special Agent Brooke Donahue testified in court that _____ dove for his laptop when agents raided his home this summer. A forged passport was found in _____' possession and his interest in Russia was piqued when NSA whistleblower Edward Snowden (Wikipedia) first entered the headlines.

My suspicion is he was trying to look for a place to reside to make it the most difficult to be extradited to the US,” Donahue said, as quoted by the Irish Independent. “He was looking the engage in financial transactions with another hosting company in Russia.”

_____’ lawyer refused comment to reporters but Wired reported he is facing federal charges in Maryland, where his indictment is under seal. Donahue said that gravity of the charges could mean _____ will “spend the rest of his life in prison.”

Hackers from the Anonymous collective levied a distributed-denial-of-service attack against Freedom Hosting in 2011. Normally advocates of privacy and freedom online, Anonymous asserted that it determined Freedom Hosting hosted 95 per cent of the child porn web pages on the Tor network. Donahue said Thursday that Freedom Hosting facilitated at least 100 sites, each with thousands of users, and _____ himself was a frequent visitor.

_____ has not admitted to being the leader of Freedom Hosting and his father told The Sunday Times that any reports indicating the contrary were only “speculation.” He did admit in court Thursday that he had earned “substantial” sums of money from his involvement with the network.

It is not known when the FBI initially gained access to Freedom Hosting but the network went down on August 4. The key piece of malware (Wikipedia) used in the hack is known as the Magneto code variable, which does not download anything but accesses the “victim’s MAC address – a unique hardware identifier for the computer’s network or WiFi card – and the victim’s Windows hostname,” according to Wired.

That information then bypassed Tor and was sent back to servers housed in Northern Virginia, fueling speculation that the FBI or National Security Agency were the culprits. The software is also consistent with the FBI’s computer and internet protocol address verifier (Wikipedia), which law enforcement has used to subvert anonymity software belonging to hackers, extortionists, sexual predators, and others since 2002.

See Also:


VA - Child Pornography an on going issue for investigators

Child porn
Original Article

I wonder if this is because the FBI, ICE and other organizations are using viruses and Trojans to plant child porn around to nab suspects?

09/13/2013

By Ananda Rochita

SALEM - Investigators with the Virginia State Police like Sergeant Robby Holland is one of a handful of people in the high tech crimes division unit working to stop crimes against children online.

"We spend a lot of resources working in these types of cases," says Sergeant Holland. "They're time consuming once we get a tip on a case. It takes several months sometimes to track down leads and the search warrants."

That's the reason why it took about a year to have suspects _____ and his son _____ indicted last week.

With recent child pornography cases we've reported on it may seem that this is a growing problem, but Sergeant Holland says it's an on going issue they're getting better at tracking with help from some neighbors through tips.

Even though tips help put people behind bars, investigators' jobs aren't finished yet. They take the photos of the children found in the images and video and give it to the National Center For Missing and Exploited Children to see if there's a match on the list.



Government child porn & other sex crimes

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VA - Chesterfield parents mad bus stop moved away from sex offender’s home

School buses
Original Article

09/13/2013

By Shelby Brown

CHESTERFIELD COUNTY (WTVR) - Some upset parents in Chesterfield’s Deer Run neighborhood contacted CBS 6 News because their children have to walk to a bus stop near a registered sex offender’s home.

After school leaders received complaints, they relocated the stop. But parents said that move was not well thought out.

In fact, some parents told CBS 6 News’ Shelby Brown that kids now have to leave a few minutes earlier to get to the newly assigned stop.

Adam Glass, who said he won’t let his sons walk to the bus alone, is upset his children’s bus stop on Buck Rub Place was switched to one on Affirmed Drive.

Glass and some other parents are also upset they were not consulted about the switch.

Did anybody think this through, or did we make a snap decision,” Glass asked.

That bus stop switch now means some of the kids have to walk a quarter of a mile to the new stop, forcing them to walk past the home to the intersection of Buck Rub Drive and Affirmed Drive. Some parents said that is bringing a whole new set of problems.

This is really unsafe,” Henry Billings said. “You have rush hour traffic coming from this direction in the morning and then traffic turning here at the end of the day. It’s a busy intersection all day, that’s my concern.”

Chesterfield school leaders said the stop on Affirmed Drive has been a school bus stop for years, used by high school students.

Shawn Smith, a Chesterfield County Public Schools spokesperson, said that when the county reviewed this situation, a transportation team scoped out the area and considered all safety factors before making a decision. And Smith said the change was also made to avoid having students congregate too close to the registered sex offender’s home.

We did hear back from parents after we made the change who say they didn’t have concerns about kids standing in from of the sex offender’s home,” said Smith. “We felt like it wasn’t a chance we wanted to take.”

Additionally, Smith told CBS 6 News that parents whose kids used to catch the bus at Buck Rub Place do have another option. That is to allow their kids to catch another bus in the opposite direction of the sex offender’s home. It’s a longer walk for students, but Smith said is another option for parents.