Fenton man indicted on counts of chil...

Fenton man indicted on counts of child porn production

There are 10 comments on the Press & Sun-Bulletin story from Mar 6, 2013, titled Fenton man indicted on counts of child porn production. In it, Press & Sun-Bulletin reports that:

A Fenton man accused of sexually abusing a 14-year-old girl and taking explicit pictures of her was indicted Thursday in federal court on nine counts of producing child pornography, each punishable by at least 15 years behind bars if convicted.

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Jack

Vienna, VA

#1 Mar 6, 2013
I'm glad they caught this guy and I hope they throw away the key. But I am disturbed that this becomes a federal offense using the interstate commerce clause because the camera he used to take the pictures was not manufactured in the state.

Based on that argument, an ambitious federal prosecutor can claim any crime committed in which the defendant was in possession of an article that wasn't manufactured in the state is a federal offense.
Michael

Elmira, NY

#2 Mar 6, 2013
I agree 100% with your first paragraph i.e. glad they caught him and if he is found guilty - and it sure sounds like they've got him dead to rights - that they put him away a long long time...

As for the law concerning the camera... it would probalby be 18 USC 2251 which states:

"if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer"

Which means that yes... if he bought the camera, memory card or any component from an out of state source... he is technically guilty on the interstate side of things...

I'm not sure how well that would hold up on a court though... unless they can show he explicitly bought the camera, memory card or other component explicitly for the production of child pornography...

If I were to guess and it is only a guess...

It is simply a ploy to stop the typical plea bargaining that would let the state level charge from being, in the end, pursued at a lower level crime... something you will find a LOT of in our and other court systems... where now they'll tell the guy they will get the fed charges dropped but the state charges will stand as they are... no plea.

You know...

Sometimes I just have to wonder... what is wrong with people AND what is wrong with our system... especially the latter where they KNOW the person is guilty of the crime they're charged with but for the sake of simplicity and money - they let them plea down and let them back out on the street... if not immediately - then a lot sooner than they should have been...
Geoff

Binghamton, NY

#3 Mar 6, 2013
It costs $60,076 per year to imprison someone in the state of New York.
Michael

Elmira, NY

#4 Mar 6, 2013
Geoff wrote:
It costs $60,076 per year to imprison someone in the state of New York.
THAT is not an excuse...

Seriously...

I know of a guy that just happens to be the right hand man for the leader one of the local hate groups... the guy was arrested and convicted for child molestation... he serves a couple years then gets assigned level 1 and now isn't even on the predator list... and his PUBLIC response to this is "she wanted it" !!!

I know a lady that is a teacher... she got pulled from her job teaching at the elementary level due to - lets just say - things that happened at her home... but was allowed to continue teaching and was transferred to mentally handicapped kids... only to just a few years ago - getting suspended for a year for letting ( I've heard she was involved but lets just pretend it was the teacher's aid sitting in the same classroom as she claims )- lets see who can give the handicapped teenage boy an erection... and she is STILL TEACHING though at yet another school now near the Elmira area !!!

What the heck man...

Seriously...

The first one gets aid for his rent and heat and what not... and that second one... she gets something like 68K a year to teach kids and has been caught twice... yet is allowed to continue teaching because what -

But but but... it's too expensive to send their nasty selves to jail because it will cost $67K a year ?!

There is something definitely wrong here.
Michael

Elmira, NY

#5 Mar 6, 2013
"But but but... it's too expensive to send their nasty selves to jail because it will cost $67K a year ?!"

Should read:

But but but... it's too expensive to send their nasty selves to jail because it will cost $60K a year ?!

Btw Geoff...

I am not arguing with you as I know you were trying to make a point about the cost... it is just that it amazes me what folks are allowed to plea down to etc. and then be allowed to keep jobs etc. similar ( if not the same ) as to where / when they committed their crime... all in the name of saving money...
Geoff

Binghamton, NY

#6 Mar 6, 2013
Michael wrote:
"But but but... it's too expensive to send their nasty selves to jail because it will cost $67K a year ?!"
Should read:
But but but... it's too expensive to send their nasty selves to jail because it will cost $60K a year ?!
Btw Geoff...
I am not arguing with you as I know you were trying to make a point about the cost... it is just that it amazes me what folks are allowed to plea down to etc. and then be allowed to keep jobs etc. similar ( if not the same ) as to where / when they committed their crime... all in the name of saving money...
I know you are not arguing, but you have to look at it at a risk vs. cost scenario like they must. He is not what they call a violent criminal, and if they booked and held everyone according to statute they would have to build or reopen more prisons, etc. etc.

Hey - the guy is a scumbag and his just punishment will be given out by his fellow inmates, not the penal (excuse the pun) system. Plus if he gets out alive he will be under a microscope for the rest of his life.
Michael

Elmira, NY

#7 Mar 6, 2013
Geoff wrote:
<quoted text>
I know you are not arguing, but you have to look at it at a risk vs. cost scenario like they must. He is not what they call a violent criminal, and if they booked and held everyone according to statute they would have to build or reopen more prisons, etc. etc.
Hey - the guy is a scumbag and his just punishment will be given out by his fellow inmates, not the penal (excuse the pun) system. Plus if he gets out alive he will be under a microscope for the rest of his life.
Ya don't get it...

Mr. I did a kid because "she wanted it" when he was a 30 year old man pled out and was allowed out as a level 1... and is no longer on the list i.e. level 1's have a time limit...

Mrs. I think it is funny sexually abusing mentally retarded boys as a means of entertainment... never saw a real day in court and has been transferred twice due to her behavior...

That is to say... neither is "under a microscope"... and the only condition is that the woman is just no longer allowed to teach elementary school children - though handicapped teenage boys - a-okay...

Btw and if you're wondering why I am so p*ed off...

The guy pedophile was one of the ones in the hate group bragging about stalking and photophraphing myself AND the boys as part of his hate group activities - the one our Canadian psycho Arzouian sided with and was taking up for... and the lil Mrs. teacher - she has had contact with them also ( and god help her skeeze Kerri type of *ss if I ever find out she did anything to any of them )...

Yet yup... too expensive to put them in jail... but perfectly fine for those same psychopaths to hurl accusations at others... because... oh - gay !

“If you're happy & you know it”

Since: Feb 13

clap your hands!

#8 Mar 6, 2013
I realize how ironic this sounds, but in cases such as this I almost think Kerri's got something with the whole castration thing.
Michael

Elmira, NY

#9 Mar 6, 2013
ShadyBits wrote:
I realize how ironic this sounds, but in cases such as this I almost think Kerri's got something with the whole castration thing.
The other side to it is...

That almost EVERY single one of those folks i.e. not just the two that I have mentioned... have been vehemently anti-gay and have used the false claim that gay people ( according to them ) molest children...

In other words...

To cover up and make excuses for their own crimes... e.g. Mr. "she wanted it" big thing was to hold a sign saying "save the children"... and after speaking with him the joke became that it must me "save the children" for him to molest... same goes for Mrs. teacher... part of her excuse was from what I've been told "but gay people" and then tried to name gay teachers with the claim they were worse than her / what she did because oh - they're gay...

So maybe you're right... but imho the person that should be under consideration is the same one that keeps creating all the "castration" threads on this site...
Geoff

Binghamton, NY

#10 Mar 6, 2013
Michael wrote:
<quoted text>
Ya don't get it...
Mr. I did a kid because "she wanted it" when he was a 30 year old man pled out and was allowed out as a level 1... and is no longer on the list i.e. level 1's have a time limit...
Mrs. I think it is funny sexually abusing mentally retarded boys as a means of entertainment... never saw a real day in court and has been transferred twice due to her behavior...
That is to say... neither is "under a microscope"... and the only condition is that the woman is just no longer allowed to teach elementary school children - though handicapped teenage boys - a-okay...
Btw and if you're wondering why I am so p*ed off...
The guy pedophile was one of the ones in the hate group bragging about stalking and photophraphing myself AND the boys as part of his hate group activities - the one our Canadian psycho Arzouian sided with and was taking up for... and the lil Mrs. teacher - she has had contact with them also ( and god help her skeeze Kerri type of *ss if I ever find out she did anything to any of them )...
Yet yup... too expensive to put them in jail... but perfectly fine for those same psychopaths to hurl accusations at others... because... oh - gay !
I do get it and I understand where you are coming from. However, the reality of it will not change. I don't agree with it and I am not trying to makes excuses for it but it is what it is.

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